My Corespndance With Rick

I would like to start off this conversation by saying that I do not hold Rick accountable for any wrongdoing of the Board. Rick is our employee and answerable only to the Board. During the recent depositions of Frank, Rick has been “thrown under the bus” and made the scapegoat of many illegal transfers, and other nefarious wrongdoings. He will get his day in court and I believe he will be vindicated.

I have filed complaint with the Florida DPBR I had emailed Rick my latest complaints, concerning our last meeting. When I had spoken to Karen Mack, form the DBPR I had asked her if they would investigate the current problems while they were investigating, , and she had replied that I must submit new complaints. He dutifully forwarded it on to our homeowner’s association attorney and I am awaiting a reply. I had tried to give them the benefit of the doubt by prefacing my complaint with “Is there any reason I should not submit this?”

Rick’s response

I have sent your complaint to our attorney. She will explain the new format for minutes.
Sent from my iPhone

On Jan 14, 2009, at 4:05 PM, "Donald J McLoughlin" <d.mcloughlin@verizon.net> wrote:DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMESCONDOMINIUM / COOPERATIVE COMPLAINTINSTRUCTIONS: To expedite your complaint it is helpful if this form is typewritten or legibly printed and each question answered fully. If available, attach supporting or clarifying documents and items pertaining to the issues listed in this complaint.

Name Donald J McLoughlin Mailing Address 4040 Galt Ocean DriveFL 33308Unit No.900, cabana 14 City Ft Lauderdale County Broward State Florida Zip 33308Home telephone number (516) XXX XXXX Business telephone number (718) XXX XXXX E-mail address djm.gfg@gmail.com

Complaint filed against: ___ DEVELOPER X_ ASSOCIATIONName Galt Ocean Manor Condominium AssociationIf Developer list principal officer ____________________________ If Association list president Frank TalericoMailing address 4040 Galt Ocean MileCity Fort Lauderdale County Broward State Florida Zip 3330****Business telephone number (954) 568 0507

Has the above been notified of the issues in this complaint? _X_YES ___ NOIf yes, what was the method of notification? emailDate declaration of condominium was recorded in public records:09/01/81_County _BrowardIf a cooperative, date articles of incorporation were filed with the Secretary of State: ____/____/____

Have purchaser unit owners elected a majority of the members to the Board of Administration? ___ YES _X_ NO 1

If you have retained legal counsel regarding the issues listed in this complaint, do you want the division to contact your attorney? X_ YES___ NOIf yes, please provide the following information: Name of counsel Suzanne Weiss, P.A.Mailing address 2110 N. Ocean Blvd., Suite 1703, Fort Lauderdale, FL 33305City Fort Lauderdale County Broward State Florida Zip 3330****Business Telephone Number (954) 816-5686 or (877) 754-6734 a)

Has court action been filed regarding any of the allegations in this complaint? ___ YES _X_ NO If yes, attach a copy of each complaint filed in court and any subsequent court pleadings.b)

Has a petition for a Declaratory Statement been filed with the division regarding any of the allegations in this complaint? NO.c)

Has a petition for Mandatory Nonbinding Arbitration been filed with the division regarding and of the allegations in this complaint? NO.

List each issue. If possible, specify the provisions in the condominium act, or the cooperative act if applicable, which you allege have been violated. Attach additional pages, as needed.

At the meeting of December 16 Frank Talerico stated that the Directors were up to date on there maintenance, but were not current on there special assessments! This was omitted for the minutes of the meeting.

718.112 Bylaws.-- (1) GENERALLY.-- (d) Unit owner meetings.-- 1. There shall be an annual meeting of the unit owners held at the location provided in the association bylaws and, if the bylaws are silent as to the location, the meeting shall be held within 45 miles of the condominium property. However, such distance requirement does not apply to an association governing a timeshare condominium. Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director's term shall be filled by electing a new board member, and the election shall be by secret ballot; however, if the number of vacancies equals or exceeds the number of candidates, no election is required. The terms of all members of the board shall expire at the annual meeting and such board members may stand for reelection unless otherwise permitted by the bylaws. In the event that the bylaws permit staggered terms of no more than 2 years and upon approval of a majority of the total voting interests, the association board members may serve 2-year staggered terms. If no person is interested in or demonstrates an intention to run for the position of a board member whose term has expired according to the provisions of this subparagraph, such board member whose term has expired shall be automatically reappointed to the board of administration and need not stand for reelection. In a condominium association of more than 10 units, coowners of a unit may not serve as members of the board of directors at the same time. Any unit owner desiring to be a candidate for board membership shall comply with subparagraph 3. A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any fee or assessment as provided in paragraph (n), is not eligible for board membership. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or who has been convicted of any offense in another jurisdiction that would be considered a felony if committed in this state, is not eligible for board membership unless such felon's civil rights have been restored for a period of no less than 5 years as of the date on which such person seeks election to the board. The validity of an action by the board is not affected if it is later determined that a member of the board is ineligible for board membership due to having been convicted of a felony.No notice was given for any of the membership to run for office, as a result no election was held. 3. The members of the board shall be elected by written ballot or voting machine. Proxies shall in no event be used in electing the board, either in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter. Not less than 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, whether by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election along with a certification form provided by the division attesting that he or she has read and understands, to the best of his or her ability, the governing documents of the association and the provisions of this chapter and any applicable rules. Any unit owner or other eligible person desiring to be a candidate for the board must give written notice to the association not less than 40 days before a scheduled election. Together with the written notice and agenda as set forth in subparagraph 2., the association shall mail, deliver, or electronically transmit a second notice of the election to all unit owners entitled to vote therein, together with a ballot which shall list all candidates. Upon request of a candidate, the association shall include an information sheet, no larger than 81/2 inches by 11 inches, which must be furnished by the candidate not less than 35 days before the election, along with the signed certification form provided for in this subparagraph, to be included with the mailing, delivery, or transmission of the ballot, with the costs of mailing, delivery, or electronic transmission and copying to be borne by the association. The association is not liable for the contents of the information sheets prepared by the candidates. In order to reduce costs, the association may print or duplicate the information sheets on both sides of the paper. The division shall by rule establish voting procedures consistent with the provisions contained herein, including rules establishing procedures for giving notice by electronic transmission and rules providing for the secrecy of ballots. Elections shall be decided by a plurality of those ballots cast. There shall be no quorum requirement; however, at least 20 percent of the eligible voters must cast a ballot in order to have a valid election of members of the board. No unit owner shall permit any other person to vote his or her ballot, and any such ballots improperly cast shall be deemed invalid, provided any unit owner who violates this provision may be fined by the association in accordance with s. 718.303. A unit owner who needs assistance in casting the ballot for the reasons stated in s. 101.051 may obtain assistance in casting the ballot. The regular election shall occur on the date of the annual meeting. The provisions of this subparagraph shall not apply to timeshare condominium associations. Notwithstanding the provisions of this subparagraph, an election is not required unless more candidates file notices of intent to run or are nominated than board vacancies exist. 2
This form should be signed and submitted to the Division of Florida Land Sales, Condominiums and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1031. Upon submission, this form and all information contained herein, fall within the provisions of Chapter 119, Florida Statutes, Florida's Public Record Law. Accordingly, any person may inspect the case file and may obtain copies of any of the materials in the file.I hereby request the Division of Florida Land Sales, Condominiums and Mobile Homes to review the violation(s) herein alleged. I understand that the division may take action on this complaint pursuant to the provisions of Section 718.501, or as applicable, Section 719.501, Florida Statutes. I further understand that the division does not represent me or my private interests, and that any action taken by the division will be on behalf of the State of Florida. My signature below certifies the authenticity of this complaint.

Signature of Complainant Name of Condominium / CooperativeDate Name of Association3

INSTRUCTIONS FOR FILING A CONDOMINIUM / COOPERATIVE COMPLAINTSubmitting your complaint on a “Condominium / Cooperative Complaint” form legibly printed or typed all of the information you supply on the form may expedite the processing of your complaint.Please attach any copies of documentation you have that may support your complaint. Such documentation may include: condominium documents, minutes of meetings, budgets, financial reports or statements, canceled checks, and statements from other unit owners corroborating one or more of your allegations. Any documentation you submit with the complaint will become part of the division’s file.Please make sure you sign the complaint form in the space provided. If you wish, you can attach the signatures of other persons who may wish to join in on your complaint, to assist in expediting the investigation of your complaint.Please understand that the complaint and any documentation that you attach are a matter of public record. Accordingly, any person may inspect the case file and may obtain copies of any of the materials in the file. The division cannot protect the anonymity of your identity.The division can investigate only alleged violations of the provisions in Chapter 718, Florida Statutes, and Chapters 61B-15 through 61B-24, Florida Administrative Code, pertaining to condominiums, and Chapter 719, Florida Statutes, along with Chapters 61B-75 through 61B-79, Florida Administrative Code, pertaining to cooperatives. As a result, the division does not generally investigate issues involving:- Maintenance of the common elements or common areas,- Alterations or additions to the common elements or common areas,- Violations of the condominium (or cooperative) documents.The division does not investigate issues involving:- Contractual disputes;- Criminal matters;- Discrimination pertaining to age, race, special needs, et cetera; and Internal disputes (for example, most issues involving noise, pets, and parking).

PLEASE COMPLETE THE COMPLAINT FORM AS FOLLOWS:Enter your name, mailing address, and telephone number(s).Indicate with a check mark whether your complaint is against the developer of your condominium or cooperative, or against your association. Enter the name of that party, followed by the name of the developer’s principal officer or the association’s president, as applicable, followed by that party’s address and telephone number, if known.State whether you have notified the party against whom the complaint is filed of the issue(s) involved. If so, state how you provided such notification.4

Identify the date that the declaration of condominium was recorded in the public records of the county in which the condominium is located, if known. In the case of a cooperative, identify the date the association was incorporated. Insert “unknown” if you do not know this date.Check in the appropriate space to indicate whether the purchaser unit owners have elected at least a majority of the members of the board of administration (i.e., whether the developer has turned over control of the association).If you have retained an attorney regarding this complaint, please indicate whether it is permissible for the division to contact your attorney. If so, please provide the attorney’s name, address, and telephone number.If you and/or your attorney have filed a lawsuit pertaining to the issue(s) in this complaint, please so indicate and attach copies of the complaint to the court and any other pertinent documents (e.g., pleadings, orders, et cetera). Additionally, please indicate whether a petition for a Declaratory Statement and/or Mandatory Non-binding Arbitration has been filed with the division regarding your allegations. Your response will assist the division in resolving your complaint.Please include a short and plain statement of each issue you wish the division to review.

EXAMPLE: “The association has refused to allow me to inspect the minutes of the board meeting held on October 26, 1999.”

Posted by
Donald J. McLoughlin