Oean Manor Legal News

Anonymous

Nice going Ricky. Why is this guy allowed to have anything to do with the Association. A "July" News Letter published on August 1, one day after a girl drowns sounds like an admission of guilt. Has anyone called the insurance carrier?

This is clearly a case of Negligent Security.

A possessor of a premises owes numerous legal duties to a business invitee: (1) to use reasonable care to maintain the premises in a safe condition (2) a duty to use reasonable care to learn of the existence of any dangerous conditions on the premises, and (3) to give the invitee warning of concealed perils which are or should be known to the landowner, but are unknown to the invitee and could not be discovered by him through the exercise of due care. (4) Duty to correct or adequately correct a dangerous condition. An invitee is a person who enters and remains on the premises at the express or implied invitation of the person owning or possessing the premises.

Of course any good lawyer will be suing Frank, the Board (especially with a lawyer who should know better acting as president) and the Association. Guess the budget for legal fees and insurance will have to go up.

Opps did I say budget? Silly me.

Rick and Frank will just make the Association pay anyway.

Just like they did with the ADA lawsuit. Rick files an affidavit with a Federal Court saying he lost the mail containing a notice of hearing on a Motion for Contempt against the Association.

The result was an Order entered against the Association for a $1,000.00 a day fine since July 26, 2010.

Check it out for yourself:

http://docs.justia.com/cases/federal/district-courts/florida/flsdce/0:2003cv60129/12641/63/

Or call the lawyer that represented the Association, (he is your lawyer if you are member of this Association) his name is Douglas S. Schapiro, Esq., (954) 763-7600 and ask him what's up?

He filed a Motion to try to undue the fine but it didn't work.

This all actually happened last year in Federal Court. The Motion was filed by the Association lawyer (I guess that means the Association is paying for him)on August 25, 2010......

and I quote:

1. "Of the 230 units, 169 units are purely residential units and not "public accommodations"."

- Good start, Squire Shapiro, I guess that means Frank is supposed to take care of ADA violations.

2. "The undersigned was retained by Galt Ocean Manor in March of this year to defend it in another ADA case titled Ross v. Linda Ross v. AFT Management Corp. and the Galt Ocean Manor Condominium Association, Inc., Case No.: 0:08-cv-62038- Seitz/O'Sullivan

-haven't heard about that new case yet, wait did he say he was retained by the Association, damn more lawyers’ fees....

3. "As more fully demonstrated below, Galt Ocean Manor is on the verge of bankruptcy. Revenue for 2010 is projected to be $464,429.58 short of the budgeted expenses."

- hum, that definitely was not in any of the Ricky boy's "News Letters" is anyone else feeling a bit sick?

4. "Galt Ocean Manor paid Plaintiff's counsel over $40,000.00 in attorney's fees in 2005 and 2006."

- wait I thought that Frank was the one inviting in the public? Damn it he fooled us again, he is tricky...

5. "Galt Ocean Manor had every intention of complying with the June 2005 Order. However, given Galt Ocean Manor's dire financial circumstances, as more fully described below, it was not possible for it to invest the tens of thousands of dollars necessary to make the required changes when it had a more cost-effective method of providing ADA compliant accessible public bathroom facilities in the lobby area until such time as funds are made available to make the required changes to the existing lobby area bathrooms mandated by the June 2005 Order."

- Jimminey Crickets! Maybe Frank should have just opted for a smaller fish tank in Tokyo Blue's wall and bought a hand rail for the crapper?

6. "Galt Ocean Manor is a 230 unit condominium, whereupon 61 of the 230 units are owned by a business entity known as the Talerico Family Limited Partnership. The Talerico Family Limited Partnership is responsible for owning and operating the "public accommodations" of the condominium including the hotel, restaurant and shops. The Talerico Family Limited Partnership owes Galt
Ocean Manor $234,163.15."

- WTF? Mr. Million dollar renovator, and the Association pays plaintiff's counsel $40,000.00 and this guy writting this motion and then the the Assocaition pays the $1,000.00 a day fine because Rick losses the mail because Frank can't fix a few crappers. I need air.....

7. "In July of 2007, Galt Ocean Manor borrowed $3,080,731.00 from Israel Discount Bank of New York for capital improvements. Due to the dire economic status of Galt Ocean Manor, it is five months in arrears of that debt and on August 21, 2010, Galt Ocean Manor was served with a complaint for damages by Israel Discount Bank of New York seeking approximately $2.3 million."

- Wait is that how Frank got the fancy fish tank in wall? Now I am just numb...

8. "The December 31, 2008 Financial Statement lists four going concerns that have not been addressed and have gotten worse: 1) the lack of windstorm insurance, 2) Inability to pay legal fees, 3) Minimize the concentration and hotel industry risk (Talerico Entities), and 4) Establish a cash reserve of unanticipated major repairs, replacements and debt servicing. To date, Galt Ocean Manor does not have windstorm insurance or a cash reserve. Galt Ocean Manor currently
owes Florida Power and Light $45,377.03 and if $9,978.47 is not immediately paid, FP&L has threatened to shut off power to the building."

- I'm going to get drunk, good luck everyone!

Hey has anyone else heard that the Unit Owner trial is starting in September? I wonder if I could should go? I would love to see Frank, Charlie and Rick testify. What a freak show that will be.

Can't wait to see how that one turns out. Guess the Association we will just have to pay Plaintiffs’ counsel again. Hope we can keep the power on.....