OWNERS, NEIGHBORS & RESIDENTS OF SEMINOLE PALMS
Transcription
OWNERS, NEIGHBORS & RESIDENTS OF SEMINOLE PALMS
OWNERS, NEIGHBORS & RESIDENTS OF SEMINOLE PALMS UPDATED INFORMATION ABOUT YOUR PROPERTY – PLEASE READ!! April 6, 2015 Dear Residents and Homeowners at Seminole Palms: The current, duly elected Board of Directors of the Association, Ted Matz, Sterling Jean, and Allen Borza, would like to update you regarding certain events that have transpired in the last few days with respect to our efforts to remove Lisa Hargrove from her self-appointed position as the sole member of the Board of Directors. Unfortunately, Lisa has gone to great lengths (including filing fraudulent documents with the Florida Department of State) to thwart our efforts to ensure that the Association is run for the benefit of the homeowners, as opposed to for her own personal benefit. She has, among other things, interfered with our efforts to safeguard Association funds, and had an unauthorized, unapproved management company barricade itself in our clubhouse. Despite the fact that she is no longer a Board member, Lisa obstinately holds herself out as acting on half of the Association. Lisa’s vehement opposition to the will of the overwhelming majority of the homeowners leads one to wonder what exactly she is trying to hide. However, rest assured, as we are taking appropriate legal measures to stop Lisa from continuing her nefarious conduct, and from interfering with Association business. We are in the process of safeguarding the Association funds, and will review all of the Association’s books and records to ensure Lisa did not line her pockets with our money. If it is revealed that Lisa unlawfully misappropriated Association funds, and/or engaged in conduct that breached her fiduciary duty, we will take appropriate action. For your information, the following is an update of recent events: Tuesday, March 24 The community held our duly noticed Annual Meeting at the Clubhouse at 7:00 pm. A quorum of homeowners was present, either physically, or by proxy. Nominations for the election of the Board of Directors were taken from the floor. Sterling Jean and Ted Matz were unanimously re-elected to serve on the Board of Directors. Allen Borza, who formerly served on the Board of Directors, was unanimously elected to serve on the Board. Phoenix Property Management, our current property manager, and an experienced HOA attorney from Greenstein & Associates, the Association’s legal counsel, assisted us in connection with the Annual Meeting, to ensure that we complied with relevant Florida HOA laws and our bylaws. As you may know, Phoenix, which has been in business for in excess of 20 years, was duly selected as our property management company by a 3-1 vote at our January, 2015, meeting. Phoenix’s selection was based on its proposal and presentation to the Board, which outlined its experience, professionalism, and cost-effective property management. After the Annual Meeting, the new Board held a Board of Directors’ meeting, at which one of the first items addressed was to change the locks to take back our Clubhouse, which was commandeered by Hargrove when she, without Board authority, entered the Clubhouse, removed all of our files and equipment, and changed the locks. Significantly, the Annual Meeting was interrupted by a deliberate 6:00pm pressure cleaning of the pool area, orchestrated by Lisa Hargrove/Regal CAM to disrupt the meeting. Soon after, the Greenacres police were called by an anonymous individual telling them there was a "mob" at the clubhouse. This was immediately dispelled by the police upon their arrival to the very peaceful meeting. Within minutes, two employees of Regal CAM showed up (after hours, mind you). The police report with this detail is public record (and available from your Building Representative). This report details how the newly elected president, Allen Borza, allowed the Regal CAM employees to collect their belongings from the Clubhouse before the locks were rightfully changed. Apparently, Lisa, acting unilaterally, as the self-appointed dictator of the Association, illegally retained Regal CAM as the purported property manager. Lisa did this without authority, and despite the fact that Phoenix has agreed to charge the Association $995.00 a month for the property management portion of the contract. Seacreast was charging the Board $3,900.00/month for the same service, and, several months ago, Regal CAM advised the Board it would charge $3,300.00 for the same service. Interestingly, Regal Cam has no experience as a property management company. According to Regal CAM’s FL corporate filing, it was formed THIS FEBRUARY (2/26/2015). Furthermore, according to the FL Department of Business & Professional Regulations, only one employee of Regal CAM is a licensed Community Association Manager (CAM), with the designation Seminole Palms - Greenacres, Florida OWNERS, NEIGHBORS & RESIDENTS OF SEMINOLE PALMS becoming official on March 2, 2015. Therefore, Regal CAM misrepresented itself to the Board at its prior Board presentation, when it falsely stated that it was a duly organized company, and a licensed CAM. We believe that Regal CAM was created to be Lisa’s puppet. Regal CAM is illegally trespassing in the Clubhouse, and has refused to vacate, despite our demands that it do so. It has brought in furniture, and installed new cameras and alarms in/around the Clubhouse so it can spy on us 24/7. Regal CAM, at Lisa’s direction, has spent our funds, without Board approval. Among other things, Regal CAM wastefully installed a new wood floor in the Clubhouse, despite the fact that the wood floor is near a wet area, rendering its installation dangerous. Regal CAM also announced it is planning a party for next month. Meanwhile, our grass and trees continue to die, and our property values will be impacted, as Lisa/Regal CAM redecorate their offices, and create a fortress at the Clubhouse. Furthermore, while Lisa has unlawfully deprived the homeowners of access to the Association’s bank records, we have discovered that a check in the amount of $16,300.00 was withdrawn from the Association’s account. This check was signed solely by Lisa (without an additional signor, which is against the internal policies of the HOA), and was not an approved expenditure. Wednesday, March 25 Given Lisa is no longer a member of the Board of Directors, the new Board began the process of having the Association’s filings updated with the Florida Department of State. The new Board, in compliance with a resolution passed at the Annual Meeting, also began the process of removing Lisa as an authorized signor on the Association’s bank account. Thursday, March 26 In the morning, after Sunbiz was updated to correctly reflect the new Board’s election, the Board went to the Association bank, Valley National, to update the signors on the account to reflect the newly elected Board. Allen Borza was added as an authorized signor on the account, and Lisa Hargrove and Chevaun Karl were removed. This was done to ensure that ONLY the duly elected Board had access to the Association’s funds. After leaving the bank, the Board went to the Seacrest Management Office to drop off the of the Annual Meeting, and to notify Seacrest that Lisa no longer has the authority to act on behalf of the Association. That afternoon, Regal CAM employees returned to the Clubhouse with a locksmith, illegally changed the Clubhouse locks, and barricaded themselves in the clubhouse. Upon being made aware of this, Allen Borza called the Greenacres police. The police arrived, and discussed the matter with Allen. The police advised Allen that this was a civil matter that needed to be resolved by a civil judge, and that absent an order from such judge, the police would not take any action. Remarkably, and appallingly, Lisa and Regal CAM have locked out the duly elected Board. The Board is working with the HOA’s legal counsel to take measures to ensure that Regal CAM is removed from the Clubhouse, and that it is returned to the community, for the benefit of all. Friday, March 27 Board representatives had a 1pm teleconference with the HOA’s counsel, Richard Lubliner of Greenstein & Associates (not to be confused with Todd Surber, the Association’s former attorney who is also friends with Lisa Hargrove, and who will not respond to anyone but her). On this call, it was determined that the best course of action was to change the bank at which the Association’s funds were held, to safeguard them from Lisa. This was because, among other things, the bank advised the Board that it does not validate signatures on checks presented to the Bank, against the signatures on file, unless the check presented is in excess of $2,500.00. Therefore, Lisa could continue to write checks from the Association account, despite the fact she is not a Board member, nor an authorized signor on the account. Additionally, a new bank account was required, because Seacrest was the only one with checks for the account, and Seacrest was not responding to the Board’s requests at that time. Monday & Tuesday (March 30 & 31) The Board coordinated with Phoenix management to setup new Association operating and reserve accounts at Center State Bank (a bank that Phoenix Management recommended, as it has no additional fees). Seminole Palms - Greenacres, Florida OWNERS, NEIGHBORS & RESIDENTS OF SEMINOLE PALMS Wednesday, April 1 Ted and Sterling went to Valley National to get cashier’s checks (made out to Seminole Palms HOA) in order to move the Association’s funds to Center State Bank. However, upon receiving the request for the checks, the bank manager called Seacrest Management, who told her that “the board was under dispute.” Despite the fact that Ted and Sterling were authorized signors on the bank account, and members of both the current, and prior Board, the bank decided to freeze our HOA accounts until they consulted with their internal legal department. The bank manager said that neither the new Board, nor Lisa, would have access to the bank’s funds. Thursday, April 2 In the morning, the bank manager of Valley National called Sterling and told him that they decided not to freeze the accounts and that they would fulfill the request for the cashier’s checks. Allen and Sterling then took the checks to Center State Bank to finalize the HOA account creation and deposit the checks in the new HOA accounts. However, during the final stages of the account creation, Center State Bank notified Phoenix Management that the FL State filing on Sunbiz had suddenly been changed to reflect ANOTHER board of directors, consisting of Lisa Hargrove and Svetlana Buccellato (who resides in Georgia, and was apparently appointed by Lisa, in violation of the bylaws.) Thus, Lisa unlawfully filed a fraudulent document with the Florida Department of State, falsely identifying her, and Svetlana Buccellato, as Board Members. Significantly, neither Lisa nor Svetlana even live in our community. Unfortunately, because of this, Center State Bank has decided to NOT allow for the HOA bank accounts to be created. The new Board is working with the HOA’s attorneys to address this, and the other situations created by Lisa’s abhorrent conduct. The new Board is evaluating all options, including taking legal action against Lisa for what she has done to the community. Friday, April 3 In the afternoon, Peter Mollengarden (the Board’s former attorney) received a call from a Valley National Bank attorney. The Valley National attorney advised that the funds were going to be frozen, because of the Board dispute. At the Board’s direction, and after consulting with the HOA’s current counsel, Peter welcomed the bank’s suggestion of litigating the issue of which Board was duly appointed. The Board’s current counsel plans on discussing this matter with Valley National Bank’s attorney. The new Board welcomes the opportunity to have “its day in Court,” and show a judge that it is the duly elected Board, and that Lisa has unlawfully usurped the power of the Board, and put her financial interests ahead of her obligation to represent the Association as a fiduciary. GOING FORWARD, UPDATES WILL BE POSTED ON: WWW.SEMINOLEPALMS.COM FOR QUESTIONS OR ADDITIONAL INFORMATION, YOU CAN EMAIL YOUR BUILDING REPRESENTATIVES AT: BldgReps@MySeminolePalms.com Please know that all of this takes time, and the support of the community is critical. Whether you live here or reside elsewhere, you need to be and stay involved. We are doing our best to assist you with these update letters and email access to your building representatives. Our property values are at risk. Please show your support by attending the meetings called by your Board, or sending your proxy in when needed. These are very concerning times. Thank you for your continued support. The Board of Directors of Seminole Palms Allen Borza Sterling Jean Ted Matz Seminole Palms - Greenacres, Florida