Windsor v. Coach Houses at Leesburg Condominium Lawsuit – FACTS – SEPTEMBER 2020

  1. On September 2, 2020, WINDSOR filed a Second Motion to Strike and Motion for Sanctions in Case No. 35-2019-CA-001528. [EXHIBIT 1678.]
  2. On September 4, 2020, WINDSOR filed a Notice of Filing Federal Court Order in Case No. 35-2019-CA-001871. [EXHIBIT 1745.]
  3. On March 24, 2020, WINDSOR served a Request for Production in Case No. 35-2019-CA-001528. [EXHIBIT 1710.]
  4. On September 4, 2020, WINDSOR filed a Complaint in the Fifth Judicial Circuit in Lake County, Florida.  It was assigned Case No. 35-2020-001438. [EXHIBIT 1660.]  [EXHIBIT 1856 is the full file on Case No. 2020-CA-001438.]
  5. On September 4, 2020, WINDSOR filed a First Amended Complaint in Case No. 35-2020-001438 in the Fifth Judicial Circuit in Lake County, Florida. [EXHIBIT 1659.]
  6. On September 4, 2020, WINDSOR filed a Third Motion to Strike the Motion to Dismiss in Case No. 35-2020-001438. [EXHIBIT 1713.]
  7. On September 4, 2020, WINDSOR filed a Notice of Filing Federal Court Order in Case No. 35-2019-CA-001528. [EXHIBIT 1723.]
  8. On September 4, 2020, WINDSOR filed a Motion to Strike in Case No. 35-2019-CA-001871. [EXHIBIT 1746.]
  9. On September 6, 2020, WINDSOR mailed a complaint to the Florida Department of State seeking to have the ASSOCIATION’s charter revoked. [EXHIBIT 1799.]
  10. On September 6, 2020, WINDSOR emailed all of the owners of the ASSOCIATION; BRAD, Debra Zimmerman, Katie Ciccotelli, CHARLIE ANN, and ART with SENTRY; NEAL, RUSSELL, and BRIAN with CLAYTON & MCCULLOH; and DBPR. [EXHIBIT 1798.]  WINDSOR enclosed a copy of his letter to the Secretary of State.  Windsor wrote: “I demand that Russell Klemm cease pretending to represent the ASSOCIATION in legal matters in Lake County or with the DBPR.  He has no authority, and he just lies all the time.”  He enclosed his letter seeking to have the corporate charter revoked.  WINDSOR also said: “Please do not pay any money to Sentry or CLAYTON & MCCULLOH until this is resolved.  I will consider so to be a breach of fiduciary duty.”
  11. On September 6, 2020, WINDSOR filed an Amended Third Motion to Strike the Motion to Dismiss in Case No. 35-2020-001438. [EXHIBIT 1714.]
  12. On September 6, 2020, WINDSOR filed an Amended Third Motion to Strike Defendant’s Motions to Dismiss; Plaintiff’s Motion for Sanctions; and Plaintiff’s Motion to Disqualify Russell E. Klemm in Case No. 35-2019-CA-001871. [EXHIBIT 1746.]
  13. On September 11, 2020, the Court issued an Order in Case No. 35-2019-CA-001528. [EXHIBIT 1707.]  The Motion to Dismiss was denied, but the Motion for More Definitive Statement was Granted.
  14. On September 11, 2020, WINDSOR filed Notices of Filing Exhibits – Parts 1 to 5 in Case No. 35-2019-CA-001528. [EXHIBIT 1695.] [EXHIBIT 1696.] [EXHIBIT 1697.] [EXHIBIT 1698.] [EXHIBIT 1699.]
  15. On September 11, 2020, WINDSOR filed a Second Amended Complaint in Case No. 35-2019-CA-001528. [EXHIBIT 1700.]
  16. On September 14, 2020, RUSSELL Klemm filed a Motion for Protective Order for the ASSOCIATION in Case No. 35-2019-CA-001871. [EXHIBIT 1750.]
  17. On September 14, 2020, RUSSELL Klemm filed a Response to Request for Production for the ASSOCIATION in Case No. 35-2019-CA-001871. [EXHIBIT 1751.]
  18. On September 18, 2020, a Memorandum of Law and Request for Judicial Notice was filed in Case No. 35-2019-CA-001871. [EXHIBIT 1753.]
  19. On September 18, 2020, WINDSOR filed a Motion for Summary Judgment in Case No. 35-2019-CA-001871. [EXHIBIT 1754.] EXHIBIT A is his Affidavit in Support of Motion for Summary Judgment. [EXHIBIT 1755.] [EXHIBIT 1756.] [EXHIBIT 1757.] [EXHIBIT 1758.] [EXHIBIT 1759.] [EXHIBIT 1760.] [EXHIBIT 1761.] [EXHIBIT 1762.] [EXHIBIT 1763.] [EXHIBIT 1764.] [EXHIBIT 1765.] [EXHIBIT 1766.]  EXHIBIT B is the Verified Affidavit of William M. Windsor dated September 18, 2020. [EXHIBIT 1767.] [EXHIBIT 1768.] [EXHIBIT 1769.] [EXHIBIT 1770.] [EXHIBIT 1771.]
  20. On September 23, 2020, WINDSOR filed a Motion for Summary Judgment in Case No. 35-2019-CA-001528. [EXHIBIT 1679.]
  21. On September 23, 2020, WINDSOR filed an Affidavit in Support of Motion for Summary Judgment in Case No. 35-2019-CA-001528. [EXHIBIT 1680.]

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Windsor v. Coach Houses at Leesburg Condominium Lawsuit – FACTS – BACKGROUND

  1. The Association’s property consists of eight buildings with four units each.  16 units are 3-bedrooms 2-baths, and 16 units are 2-bedrooms 2-baths.  There are no common elements except the front porch and door, hallways, driveways, road, street lights, signs, and landscaping.  There is no clubhouse, no pool, no lake, no golf course, not even a picnic table or grill.  The condos have sold for an average price of $60,000.
  2. Many of the owners are senior citizens on social security.
  3. In 1984, the monthly assessments were $27.06 for a 3/2 and $24.11 for a 2/2.  In 2006, the monthly assessments were $168.81 for a 3/2 and $150.33 for a 2/2.  In 2012, the monthly assessments were $201.09 for a 3/2 and $179.08 for a 2/2.  In 2013, the monthly assessments were $239.43 and $213.23.  In 2014, the monthly assessments were $230.70 and $205.45.  In 2015, the monthly assessments were $229.07 and $204.00.  In 2016, the monthly assessments were $255.27 and 227.33.  In 2017, the monthly assessments were $265.82 and $236.73.  In 2018, the monthly assessments were dramatically increased to $371.50 and $330.84.
  4. At a so-called meeting on December 12, 2018, OMAR, VICKI, and KAREN voted unanimously to increase the monthly assessment for a 3-bedroom 2-bath unit from $371.50 to $962.38 and a 2-bedroom 2-bath unit from $330.84 to $850.73.  The PLAINTIFF began investigating and working to expose the rampant violations.
  5. , so there has not been a lawful election of directors or officers.  Actions taken by purported Officers and Directors have been ultra vires and void.
  6. OMAR, VICKI, and KAREN ignored demands to cease pretending to be officers and directors.  CLAYTON & MCCULLOH DEFENDANTS and SENTRY DEFENDANTS ignored all the violations and worked actively to support the wrongdoing of the ASSOCIATION.  CLAYTON & MCCULLOH DEFENDANTS and SENTRY DEFENDANTS have functioned as if their primary goal is to try to maintain control to avoid big malpractice claims against them.  They have facilitated repeated violations of the corporate documents and Florida statutes.
  7. ISABEL, SERGIO, ED, MARTA, WENDY, HOWIE, SHEHNEELA, and SUE ignored demands to cease pretending to be officers and directors.
  8. On April 1, 2015, a contract was executed with CLAYTON & MCCULLOH (“C&M”) to be the lawyers for the ASSOCIATION. [EXHIBIT 1538.]
  9. The purported July 1, 2015 Minutes discuss that a lawyer had been retained. [EXHIBIT 431.]  OMAR subsequently indicated this was the law firm of C&M.  Paragraph 2 under New Business says: “Omar Nuseibeh spoke to the board about the attorney reviewing over their documents to get them up to dated.”  CLAYTON & MCCULLOH committed malpractice in many ways, including by failing to have the ASSOCIATION operated by the corporate documents and state law and by failing to correct and update the corporate documents.
  10. The ASSOCIATION did not hold an annual meeting, annual meeting, or election in August 2015.  EXHIBIT 3 contains the minutes obtained in WINDSOR’s Inspection of Records.  This is a violation of BYLAW ¶2.2.
  11. The ASSOCIATION published a Notice of No Meeting for August 2016. [EXHIBIT 573.]  [EXHIBIT 4 contains the Notice obtained in WINDSOR’s Inspection of Records.]  [EXHIBIT 357 contains the other 2016 Notices and Minutes.]  The failure to hold the August annual meeting and election is a violation of BYLAW ¶2.2.
  12. On June 1, 2017, SENTRY generated an Owner List. [EXHIBIT 816.]  On June 2, 2017, a Proof of Notice Affidavit was executed for a purported August 1, 2017 meeting.  It included a call for candidates. [EXHIBIT 548.]  On June 7, 2017, OMAR Nuseibeh signed a Notice of Intent to be a Candidate Form. [EXHIBIT 595.]  On June 12, 2017, KAREN Bollinger signed a Notice of Intent to be a Candidate Form. [EXHIBIT 596.]  On June 17, 2017, WENDY Krauss signed a Notice of Intent to be a Candidate Form. [EXHIBIT 597.]  On June 19, 2017, VICKI Hedrick signed a Notice of Intent to be a Candidate Form. [EXHIBIT 598.]  On July 28, 2017, WENDY withdrew herself as a candidate for the Board of Directors. [EXHIBIT 551.]  The owners/members were not informed of this.
  13.   A June 27, 2017 Owners List was published by the ASSOCIATION. [EXHIBIT 560.] On July 31, 2017, the ASSOCIATION received notice of the death of Sheila D. Garrett. [EXHIBIT 1083.]
  14. On June 30, 2017, a Proof of Notice Affidavit was executed for a purported August 1, 2007 meeting. [EXHIBIT 549.]
  15. WINDSOR requested 2017 minutes and related documents on multiple occasions, and at the June 2019 production of records, the Baywood Condominiums’ minutes were produced yet again. [EXHIBIT 6 contains these bogus August 2017 minutes obtained in WINDSOR’s Inspection of Records.]  WINDSOR’s first request for Inspection of Minutes was made on January 9, 2019. [EXHIBIT 22.]  WINDSOR also requested on February 22, 2019. [EXHIBIT 45.]  [EXHIBIT 358 contains other 2017 Notices and Minutes.]  WINDSOR believes this is falsification of records, fraud, and a violation of Florida law on Inspection of Records.  There was no proof or approval of quorum.  Paragraph 13.3 of the DECLARATION was ignored.  There was no approval of proof of notice.  There was not a nominating committee as required by the BYLAWS.  There was no indication of the opportunity for nominations from the floor.  There was no proof of vote.
  16. purported meetings that were attempted on August 1, 2017.  EXHIBIT 68 is the Sign-In Sheet and Designated Voter List for the attempted August 1, 2017 meetings.  Signatures on the Sign-In Sheet indicate that Bollinger (A1), Hedrick (E3), Kirchoff (B3), Liebl (B4), Lunsford (C1), Nuseibeh (G4), and Skilbred (D4) attended the meeting.  Ebrahim (D2), Hardaway (H3), Hurley (E1), King (H1), and Lynn (H4) may have had valid proxies.  That’s 12 owners, which does not constitute a quorum based on 32 owners.  BYLAW 2.5 specifies that a quorum is a majority of the entire membership, which was either 16 or 32.  If 32, this means 17 were required, and there was not a quorum.  Those present from the 16 units with voting interests were KAREN Bollinger (A1), Kirchoff (B3), Liebl (B4), Lunsford (C1), and Skilbred (D4).  There was only one proxy from the 16 units with voting interests — Ebrahim (D2).  This totals 6, so there was not a quorum based on the 16 voting interests established by the DECLARATION.
  17. is inaccurate.  Designated Voter information is inaccurate and incomplete for August 1, 2017.  It incorrectly indicates that some owners had valid proxies.  The handwritten entries are also inaccurate.  WINDSOR has accumulated the relevant documents regarding each owner.  The ASSOCIATION has failed to meet its legal obligation to maintain a current roster of all unit owners and their voting certifications.  This is a violation of BYLAW 2.1 and BYLAW 2.6.
  18. , EXHIBIT 63, EXHIBIT 69, and EXHIBIT 603 contain the notices regarding the purported August 1, 2017 meeting reportedly sent to owners.  There is no proof that a notice of an August 1, 2017 meeting was posted in a conspicuous place.  This is required by BYLAW Paragraph 2.4. 
  19. is the Annual Meeting Checklist obtained from Inspection of Records at SENTRY that shows SENTRY claimed the quorum for the attempted August 1, 2017 Annual Meeting was 17 as well as for the Election.  The attempted August 1, 2017 meeting was invalid due to lack of a quorum.  There were not 17 valid Designated Voter Certificates, and the DECLARATION provides there are only 16 voting members.  WINDSOR believes SENTRY committed malpractice by not even knowing what the corporate documents provided.  DBPR case law provides that the failure to have a quorum at a meeting voids any action taken.
  20. is the Mailing Instruction Form for the attempted August 1, 2017 meeting. 
  21. is a notice to owners that they must comply with the Designated Voter requirement for August 1, 2017.  It is clear that SENTRY and the purported Board knew the law, but they simply ignored it.  Many units did not have a valid Designated Voter Certificate, but SENTRY and C&M ignored these legal requirements.
  22. is a purported August 1, 2017 Vote Tally showing 23 Yes votes and 1 No vote on an amendment to the Bylaws and 22 Yes votes on Reserves.  This is totally false.  The Sign-In Sheet [EXHIBIT 68] has 23 of the 32 owners with a check mark.  WINDSOR believes these indicate alleged votes.  WINDSOR believes a check mark is missing next to the Nielsen Trust as he found some vote paperwork that indicates a vote was mailed in.  The Vote Tally shows both alleged valid and invalid submissions; it does not reflect valid votes.  SENTRY intentionally allowed invalid votes.
  23. There were no approvals obtained from mortgage companies in violation of BYLAW 8.3.  That’s 10 violations.
  • Bollinger (A1) would have been a valid Yes vote to amend the BYLAWS and a valid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 73.]  KAREN Bollinger attended the meeting and voted by ballot.  KAREN was a sole owner.  EXHIBIT 74 is the owner information for A1.  This would have been YES Vote #1 on the amendment if the meetings had been valid on August 1, 2017.
  • Broom (B1) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 75.]  There was no valid Designated Voter Certificate for B1.  No one from B1 attended the meeting.  EXHIBIT 76 is the owner information for B1 showing three owners.  C&M has on several occasions disqualified votes when there were multiple owners and there was not a valid Designated Voter Certificate.  CLAYTON & MCCULLOH has also disqualified votes when a deed showed the names of deceased people.  ED Broom, Jr. admitted on camera at a February 19, 2019 meeting that he did not have a Designated Voter Certificate in place with the required signatures to authorize him to vote.  [EXHIBIT 305-2, 7:15 into the video.]  On March 22, 2019, ED Broom’s vote was accepted when he submitted his Designated Voter Certificate with death certificates for his parents who are also shown as owners on the deed for Unit B1. [EXHIBIT 21.]  A comparison of EXHIBIT 39 and EXHIBIT 40 makes it clear that C&M and SENTRY were working with OMAR, VICKI, and KAREN to support keeping them as the Board rather than ensuring that the voting processes were legal.  C&M refused to accept the vote of the Nielsen Trust in a Recall when they submitted death certificates and their trust agreement showing the ladies who signed the Recall to be the two heirs.  In addition to the above, EXHIBIT 68 shows B1 gave a proxy to Dorothy Liebl of B2, but the Amended Limited Proxy (EXHIBIT 75) gave it to the President.  Liebl’s casting of the Ballot is void.  If ED’s B1 vote was valid when his deceased parents are still on the deed, then the Nielsen Trust’s vote was valid in the Recall when the deceased were still on the deed.  The only difference between Broom (B1) and Nielsen Trust (C2) is that there was a trust with C2, and that trust named the heirs who signed.
  • Bullerjahn (H2) did not attend the meeting or cast a vote on August 1, 2017.  EXHIBIT 77 is the owner information for H2.  Deborah M. Bullerjahn was deceased [EXHIBIT 1081], but the owner did not change until August 22, 2017.  The ownership change was to her mortgage company, PHH Mortgage Corporation.  The records of the ASSOCIATION do not reflect the required consent of PHH Mortgage Corporation to amend the BYLAWS.  This alone makes the August 1, 2017 attempted amendment invalid.
  • Campbell (F2) did not attend the meeting or cast a vote on August 1, 2017.  ISABEL Campbell is a sole owner.  EXHIBIT 78 is the owner information for F2. 
  • Dailey (D1) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 79.]  Dailey did not attend the meeting.  The Amended Limited Proxy gave the vote to Lillian Skilbred.  Lillian Skilbred signed a Substitution of Proxy and failed to enter the name of the substitute proxy, so it is invalid.  EXHIBIT 80 is the owner information for D1. 
  • Ebrahim (D2) would have been a valid Yes vote to amend the BYLAWS and a valid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 81.]  No one from D2 attended the meeting.  The Amended Limited Proxy gave the vote to OMAR.  EXHIBIT 82 is the owner information for D2.  (Ownership became joint on August 28, 2018.)  This would have been YES Vote #2 on the amendment if the meetings had been valid on August 1, 2017.  There was no evidence of compliance with BYLAW 2.1 in 2017.
  • Garrett (G2) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 83.]  Garrett did not attend the meeting.  The Amended Limited Proxy purported to give the vote to OMAR, but it was not signed by Sheila Garrett, who is shown as the designated voter on EXHIBIT 68.  On June 19, 2017, mail was returned to the ASSOCIATION showing Sheila Garrett was deceased. [EXHIBIT 1053.]  There was no valid Designated Voter Certificate to Diana Raley for G2, nor could there be as she was not an owner.  EXHIBIT 84 is the owner information for G2.  Ownership did not change until August 16, 2017 by court order.  Prior to that order, the deed was in the name of Sheila Garrett, and she did not execute a proxy or limited proxy. 
  • Gray (E2) would have been a valid Yes vote to amend the BYLAWS and a valid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 85.]  Gray did not attend the meeting.  Gray is a sole owner.  EXHIBIT 86 is the owner information for E2.  The Designated Voter Certificate is invalid as VICKI Hedrick is not an owner of the unit, and if she submitted a Ballot, it would be void. [EXHIBIT 360.]  This would have been YES Vote #3 on the amendment if the meetings had been valid on August 1, 2017. 
  • Hardaway (H3) would have been a valid Yes vote to amend the BYLAWS and a valid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 87.]  Hardaway did not attend the meeting.  Hardaway is a sole owner.  EXHIBIT 88 is the owner information for H3.  This would have been YES Vote #4 on the amendment if the meetings had been valid on August 1, 2017. 
  • Harris (B4) did not attend the meeting or cast a vote on August 1, 2017.  He sold his unit on September 27, 2017.  EXHIBIT 89 is the deed for B4. 
  • Hedrick (E3) would have been a valid Yes vote to amend the BYLAWS and a valid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 90.]  David Wayne Hedrick did attend the meeting.  EXHIBIT 91 is the owner information for E3.  Ownership changed to joint in January 2019, so the Designated Voter Certificate is no longer valid. [EXHIBIT 361.]  EXHIBIT 92 is the deed at January 11, 2019.  This would have been YES Vote #5 on the amendment if the meetings had been valid on August 1, 2017. 
  • Hurley (E1) would have been a valid Yes vote to amend the BYLAWS and a valid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 93.]  Hurley was a sole owner.  Hurley did not attend the meeting.  EXHIBIT 94 was the owner information for E1.  This would have been YES Vote #6 on the amendment if the meetings had been valid on August 1, 2017. 
  • Jones Life Estate (G1) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 95.]  Jones Life Estate did not attend the meeting.  The Amended Limited Proxy was unsigned, but someone filled out and submitted an invalid Ballot.  This is a violation.  EXHIBIT 96 is the owner information for G1.  Ownership did not change from Jones to Calderon until June 27, 2018. 
  • Jones (D3) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 97.]  Jones did not attend the meeting.  The Amended Limited Proxy was unsigned, but someone wrongfully submitted a Ballot in her name.  This is a violation.  Jones is a sole owner.  EXHIBIT 98 is the owner information for D3. 
  • King (H1) would have been a valid Yes vote to amend the BYLAWS and a valid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 99.]  King did not attend the meeting.  King is a sole owner.  EXHIBIT 100 is the owner information for H1.  This would have been YES Vote #7 on the amendment if the meetings had been valid on August 1, 2017. 
  • Kirchoff (B3) would have been a valid No vote on the BYLAW amendment and a valid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 101.]  Kirchoff was a sole owner.  Kirchoff did attend the meeting.  EXHIBIT 102 was the owner information for B3.  (Ownership changed on September 17, 2017.  This is the unit WINDSOR bought.)
  • Krauss (E4) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 103.]  No one representing E4 attended the meeting.  WENDY Krauss was not the sole owner, but she was the only signer on the Amended Limited Proxy.  Lake County shows the property is owned by a life estate.  There is no Designated Voter Certificate for this unit.  EXHIBIT 68 erroneously shows WENDY Krauss to be the designated voter.  She appointed VICKI Hedrick as her proxy, but VICKI was not an owner or a legally-elected officer or director and did not qualify as a proxy.   EXHIBIT 104 is the owner information for E4.
  • Liebl (B2) was at the meeting for sign-in, but there was no documentation to show that she voted or issued a proxy on August 1, 2017. [EXHIBIT 105.]  EXHIBIT 106 is the owner information for B2. 
  • Lunsford (C1) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 107.]  Lunsford attended the meeting.  There was no valid Designated Voter Certificate for C1.  EXHIBIT 108 is the owner information for C1 showing joint ownership.  There is no designated voter shown on EXHIBIT 68. 
  • Lynn (H4) would have been a valid Yes vote to amend the BYLAWS and a valid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 109.]  Lynn did not attend the meeting.  Lynn is a sole owner.  EXHIBIT 110 is the owner information for H4.  This would have been YES Vote #8 on the amendment if the meetings had been valid on August 1, 2017. 
  • Martin (A2) did not attend the meeting or cast a vote on August 1, 2017.  Martin was a sole owner.  EXHIBIT 111 was the owner information for A2. 
  • Meade (B4) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017 and Karen Meade had attended and voted to do so. [EXHIBIT 112.]  No one from B4 attended the meeting.  EXHIBIT 113 is the owner information for B4 showing joint ownership today, but the deed shows Jason Chandler did not become an owner until June 29, 2018.  Meade is shown as the designated voter on EXHIBIT 68, but the Amended Limited Proxy was signed by Jason Chandler.  Dorothy Liebl cast a Ballot, but it was invalid. 
  • Minnich (C3) did not attend the meeting or cast a vote on August 1, 2017.  Minnich was a sole owner.  EXHIBIT 114 was the owner information for C3.  C3 was sold to SUE Yokley in July 2019.
  • Molina Life Estate (G3) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 115.]  No one from G3 attended the meeting.  There was no valid Designated Voter Certificate for G3; the signature of Jessica Moreira was rejected by CLAYTON & MCCULLOH and the ASSOCIATION on December 12, 2018. [EXHIBIT 362 is the invalid Designated Voter Certificate for the August 1, 2017 meeting.]  EXHIBIT 116 is the owner information for G3.  The Deed is still listed in the name of the Molina Life Estate with two beneficiaries named.  EXHIBIT 117 is the rejected Designated Voter Certificate from December 2018 that is signed only with Jessica Moreira’s signature.  It is the same lone signature provided for the August 1, 2017 vote. (See EXHIBIT 41 and EXHIBIT 305-2, 7:23 into the video.) 
  • Nielsen Trust (C2) appears to have voted on August 1, 2017, but the voting documents seem to have disappeared except for the envelope insert. [EXHIBIT 118.]  No one from the Nielsen Trust attended the meeting.  There is no check mark on EXHIBIT 68.  EXHIBIT 119 was the owner information for C2.  The last document in EXHIBIT 119 is the Designated Voter Certificate that was considered invalid by C&M in December 2018.  The Nielsen heirs thereafter had their deed changed. 
  • Nuseibeh (G4) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017 and if there had been a Designated Voter Certificate. [EXHIBIT 120.]  OMAR Nuseibeh attended the meeting and cast a ballot.  EXHIBIT 121 is the joint owner information for G4.  There was no Designated Voter Certificate. 
  • Powell (F3) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 122.]  No one from F3 attended the meeting.  EXHIBIT 68 shows joint ownership, but there is no Designated Voter Certificate.  The ballot address label also shows joint ownership.  The Deeds attached as EXHIBIT 123 show that the unit was jointly owned from 1998 until November 5, 2017.  The Amended Limited Proxy was to OMAR Nuseibeh, and he apparently submitted a Ballot for F3, but it is invalid as it was not signed by a designated voter. 
  • Rutig (F1) did not attend the meeting or cast a vote on August 1, 2017.  Rutig is a sole owner.  EXHIBIT 124 is the owner information for F1. 
  • Skilbred (D4) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. VICKI Hedrick was the proxy, but she was not an owner, officer, or director, so she could not be a proxy. [EXHIBIT 125.]  Lillian Skilbred did attend the meeting.  There was no valid Designated Voter Certificate for D4, a trust. [EXHIBIT 1446.]  EXHIBIT 126 is the owner information for D4. 
  • Still (A3) did not attend the meeting or cast a vote on August 1, 2017.  EXHIBIT 127 is the owner information for A3. 
  • Van Leeuwen (C4) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 128.]  Van Leeuwen did not attend the meeting.  David Van Leeuwen submitted an Amended Limited Proxy, and OMAR Nuseibeh cast the Ballot.  But Edna Van Leeuwen was the sole owner on August 1, 2017.  EXHIBIT 129 is the owner information for C4.  This Lake County record indicates that a Quit Claim Deed was filed on February 26, 2018, but WINDSOR have been unable to find it in deed searches in Lake County.  Edna was the sole owner on August 1, 2018.  EXHIBIT 68 falsely shows David Van Leeuwen to be the designated voter. 
  • Werner (F4) was an invalid Yes vote to amend the BYLAWS and an invalid Yes vote to authorize use of Reserves funds if the meetings had been valid on August 1, 2017. [EXHIBIT 130.]  The Werners did not attend the meeting.  There was an invalid Designated Voter Certificate for F4 as OMAR Nuseibeh was not an owner of this unit and could not be the designated voter for the unit. [EXHIBIT 363.]  EXHIBIT 1385 is the owner information for F4. 
  • If it weren’t for the violations that made the votes invalid at the attempted meetings on August 1, 2017, this would have given 8 of 32 votes to amend the BYLAWS and 9 of 32 to authorize Reserves funds to be used for uses that were not designated.  That is 25% on the BYLAWS and 28.125% on the Reserves.  A 75% vote was required to amend and a 51% vote was required to authorize use of the Reserves.  Based upon the 16 units with voting interests, there were 2 of 16 votes to amend the BYLAWS and 3 of 16 to authorize Reserves funds to be used for uses that were not designated.  That is 12.5% on the BYLAWS and 18.75% on the Reserves.  Both votes failed, but the ASSOCIATION, SENTRY, and CLAYTON & MCCULLOH falsely claimed the BYLAWS were amended and the change to Reserves was authorized.  The COACH HOUSES MEMBER DEFENDANTS have been provided with all of this evidence, and they have refused to acknowledge that the BYLAWS were not amended on August 1, 2017.
  • Consents from all first mortgage holders are required for amendments to the BYLAWS by BYLAW Paragraph 8.3, and nothing has been produced in Inspection of Records.  EXHIBIT 77 is the owner information for H2 as of August 1, 2017 when this amendment purportedly took place.  Deborah M. Bullerjahn was deceased, but the H2 owner did not change until August 22, 2017.  The ownership change was to her mortgage company, PHH Mortgage Corporation.  The records of the ASSOCIATION do not reflect the required consent of PHH Mortgage Corporation.  Florida statutes provide that a filing such as this, if valid, does not take effect until the date of filing, so this does not correct failure to hold August annual meetings and elections. 
  • The January 15, 2019 filing constitutes fraud.  WINDSOR believes C&M and/or SENTRY committed fraud in an effort to get OMAR, VICKI, and KAREN elected at a 2019 meeting that appeared to be authorized by the BYLAWS.  WINDSOR believes they hoped this could keep all of the wrongdoing hidden and provide some protection from malpractice claims against them.
  • Telling the ASSOCIATION owners, Lake County, and the general public that the BYLAWS were amended was false.  OMAR, VICKI, KAREN, SENTRY, and CLAYTON & MCCULLOH had to know it was false.  They actively worked to conceal the fact by repeatedly failing to produce the records from the meeting in response to WINDSOR’s Requests for Inspection of Records while claiming the BYLAWS were amended.  It is clear to WINDSOR that the intent was to deceive the owners into believing the BYLAWS were amended.  Owners relied on those representations.  Owners were injured as a result.  The ASSOCIATION has reportedly been charged over $130,000 in legal fees that would not have been incurred if the truth had been told and the Board had been replaced.  Now the owners have homes that are worth far less because of the outrageous increase in assessments.  The COACH HOUSES MEMBER DEFENDANTS who have purported to be Directors have acted as if the BYLAWS were actually amended.  They have done this despite having the evidence presented to them that proves the BYLAWS were not amended.  This has been intentional.
  • Minutes that were finally produced for August 1, 2017 show that there was no approval of a BYLAW amendment. [EXHIBIT 1287.]  Despite this, BRIAN and CLAYTON & MCCULLOH filed the failed amendment in Lake County in January 2019 as if it was a valid amendment. [EXHIBIT C.]  The “resolution” was dated December 28, 2018 when there was no Board Meeting.  Upon information and belief, this was done in an attempt to cover up malpractice by CLAYTON & MCCULLOH and SENTRY.
  • EXHIBIT 739.]  The BYLAWS did not contain any BYLAW amendment.  If the BYLAWS had been amended on August 1, 2017, WINDSOR should have received that amendment.

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