Windsor v. Coach Houses at Leesburg Condominium Lawsuit – BREACH OF CONTRACT – FAILURE TO KEEP COMMON AREAS CLEAN

coach House Building B 2018 06 20 5 960w 225x300 - Windsor v. Coach Houses at Leesburg Condominium Lawsuit – BREACH OF CONTRACT - FAILURE TO KEEP COMMON AREAS CLEAN  coach House Building B 2018 06 20 4 960w 225x300 - Windsor v. Coach Houses at Leesburg Condominium Lawsuit – BREACH OF CONTRACT - FAILURE TO KEEP COMMON AREAS CLEAN

 

 

 

 

 

COUNT SIX

BREACH OF CONTRACT – FAILURE TO KEEP

COMMON AREAS CLEAN

  1. WINDSOR adopts and realleges Paragraphs 1 through 505.
  2. WINDSOR asserts this claim against the ASSOCIATION.
  3. It is the responsibility of the ASSOCIATION to make sure that all the common areas are well-maintained.  Failure of the ASSOCIATION to operate according to the ASSOCIATION DECLARATION, ARTICLES OF INCORPORATION, BYLAWS, and RULES is breach of contract.
  4. The ASSOCIATION DECLARATION, ARTICLES OF INCORPORATION, BYLAWS, and RULES constitute a contract between WINDSOR and the ASSOCIATION and between all Owners and the ASSOCIATION.
  5. WINDSOR purchased his condo in Building B and placed his trust and confidence in the ASSOCIATION, and the ASSOCIATION has a duty to protect him.  The ASSOCIATION failed to do so.
  6. On May 10, 2018, CHARLIE ANN of SENTRY sent a Request for Action to the Liebls (B2) regarding dog urine in the hallway of Building B. [EXHIBIT 434.]  This was previously noted as a problem on December 12, 2016.  The Liebls are very friendly with former purported board member and president OMAR NUSEIBEH, and as of June 3, 2019, the carpets had 23 dog urine spots.  Photos are EXHIBIT 435-1 to 435-25.  EXHIBIT 435-24 and EXHIBIT 435-25 show that these are very large urine spots.  Allowing this is a violation.  DECLARATION ¶22.8 February 3, 1997 amendment requires “Pets shall not be allowed to utilize the condominium premises as a waste disposal area.”  EXHIBIT 822 is a letter about the dog pee problem.
  7. On June 7, 2019, WINDSOR sent a certified letter to attorney BRIAN HESS of CLAYTON & MCCULLOH for the ASSOCIATION. He enclosed a Letter from Karen Chandler about B3 Carpet; Email from WINDSOR about Breach of Fiduciary Duty, Liebls, and Lawyers; Letter from WINDSOR agreeing to be a Director; Email from WINDSOR about Board Meeting; Email from WINDSOR about Vandalism in Building B; Email from me with Notice of Intent to file Third Petition for Arbitration; Notice of Intent for WINDSOR’s Third Petition, pre-arbitration letter and Exhibits AA, BB, CC, DD, EE, and FF; Email from WINDSOR with Notice of Intent to file Third Petition Part 1 of 3; Email from WINDSOR with Notice of Intent to file Third Petition Part 2 of 3; Email from WINDSOR with Notice of Intent to file Third Petition Part 3 of 3. [EXHIBIT 991.]  The certified mail receipt is EXHIBIT 992.  WINDSOR also hand-delivered a copy to SENTRY MANAGEMENT; Richard accepted the envelope.
  8. On June 7, 2019, Karen Chandler from Unit B4 wrote a letter with evidence that the Liebl’s dog in B2 was responsible for staining the carpets in Building B. WINDSOR emailed it to the purported Board, SENTRY MANAGEMENT, and CLAYTON & MCCULLOH. [See SOF 284, 285.]
  9. On June 7, 2019, WINDSOR sent an email to the purported Board, SENTRY MANAGEMENT, and CLAYTON & MCCULLOH charging Breach of Fiduciary Duty. [EXHIBIT 823.] 
  10. On June 17, 2019, WINDSOR sent an email to the ASSOCIATION demanding that the Building B carpets be cleaned. [See SOF 296.]
  11. On June 18, 2019, WINDSOR sent the ASSOCIATION an email stating that the potential buyers for his condo were repulsed by the carpets and the failure to have the Liebls clean the carpets undoubtedly contributed to his loss of a sale. [See SOF 297.]
  12. On June 29, 2019, WINDSOR paid Stanley Steemer $83.75 to clean the carpets in Building B. [EXHIBIT 1062.]
  13. On August 3, 2019 at 6:32 p.m., WINDSOR sent an email to the owners of the ASSOCIATION, SENTRY MANAGEMENT, and CLAYTON & MCCULLOH complaining about cleaning of the common area carpets. [See SOF 347.]

The ASSOCIATION and the COACH HOUSES MEMBER DEFENDANTS refused to clean the carpets in the common area of Building B and refused to pay WINDSOR for the cleaning.  WILLIAM M. WINDSOR had to spend his money to have 23 urine and dog poop stains cleaned.

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Windsor v. Coach Houses at Leesburg Condominium Lawsuit – FACTS – JUNE 2019

  1. On June 5, 2019, the ASSOCIATION filed Respondent’s Motion to Dismiss for Failure to State a Cause of Action (DBPR Case No. 2019-02-1020). [EXHIBIT 796.]
  2. On June 5, 2019, investigator Ron James from the DBPR called to discuss WINDSOR’s second Complaint regarding failure to produce documents (DBPR Complaint No. 2019028466).  He sent WINDSOR a letter dated June 5, 2019. [EXHIBIT 994.]
  3. On June 5, 2019, WINDSOR entered into a contract to sell his Coach Houses Unit B3 for $80,000. [EXHIBIT 1015.]
  4. On June 6, 2019, a purported Board Meeting was held. [EXHIBIT 973.] [EXHIBIT 1367 is the Minutes.]  ISABEL CAMPBELL, SERGIO NAUMOFF, and ED BROOM were present.  Purported Officer and Board Member ISABEL CAMPBELL told the attendees that the Board was very confident that the ASSOCIATION would prevail in WINDSOR’s First Petition for Arbitration.  She gave no explanation.  She discussed her review of the finances of the ASSOCIATION and presented a Proposed Adjusted Budget for 2019. [EXHIBIT 974.]  The Proposed Adjusted Budget showed a reduction in Building Maintenance by $26,729.27 and no change in Grounds Maintenance, Utilities, or Budgeted Transfer to Reserves.  It showed an increase of approximately $50,000 in Income and Administrative & Management Expense.  Those costs showed a $75,000 increase in legal fees.  Those are all costs related to the ASSOCIATION’S defense of all the violations WINDSOR had identified.  The video of the June 6, 2019 meeting is EXHIBIT 995-1, EXHIBIT 995-2, EXHIBIT 995-3, EXHIBIT 995-4, EXHIBIT 995-5, EXHIBIT 995-6, and EXHIBIT 995-7.
  5. On June 6, 2019, WINDSOR sent an email to the purported Board, CLAYTON & MCCULLOH, and SENTRY MANAGEMENT regarding the Board Meeting. [EXHIBIT 822.]  He said:

I hereby request to be named a Board Member.  If we have openings, you are required by statute to notify the owners, and you didn’t.  You want an odd number, though that is not in our Bylaws or the Florida statutes.  But, now I’m Board Member #5.  37 years of Minutes show this is what is done when there are openings pre-Omar.

For the record, today’s meeting was invalid.  The March election was invalid.  I didn’t raise a Point of Order as owners don’t have such a right at a Board Meeting. 

A very intelligent request was made today by an owner to have special expenses treated through Special Assessments.  CHARLIE ANN ALDRIDGE told all at the meeting that the attorneys said our BYLAWS prohibit this.  There is NOTHING in our BYLAWS that prohibits special assessments.  I asked for the Bylaw to be identified, and CHARLIE ANN ALDRIDGE told me to hire an attorney.   I came home and read the BYLAWS for about the hundredth time.  I am preparing to file another Petition that will list this as another violation.  Florida law specifically permits Special Assessments (Section 718.112(2)(c)1, Florida Statutes): http://www.condo-owner.com/article/special-assessments-do-it-right-or-pay-the-price/

By the way, Florida Statutes take precedence over bylaws.

I have an eyewitness to the Libel dog soiling the carpets in Building B.  Ask Jason and Karen Chandler.  Mrs. DOROTHY LIEBL (Libel) claimed her dog never did any such thing.  WRONG!

Unfortunately, your new Board has chosen to fight me legally.  At today’s meeting, I offered to withdraw my actions against the Association.  I am willing to do this if CLAYTON & MCCULLOH and SENTRY MANAGEMENT refund to the Association all money paid by the Association to them from 2016 to 2019.

The people responsible for our outrageous legal fees are OMAR NUSEIBEH, VICKI HEDRICK, KAREN BOLLINGER, CHARLIE ANN ALDRIDGE, SENTRY MANAGEMENT, BRIAN HESS, NEAL MCCULLOH.”

  • On June 7, 2019, WINDSOR sent a certified letter to attorney BRIAN HESS of CLAYTON AND MCCULLOH for the ASSOCIATION. WINDSOR enclosed a Letter from Karen Chandler about B3 Carpet; Email from him about Breach of Fiduciary Duty, Liebls, and Lawyers; Letter from him agreeing to be a Director; Email from WINDSOR about Board Meeting; Email from WINDSOR about Vandalism in Building B; Email from WINDSOR with Notice of Intent to file Third Petition for Arbitration; Notice of Intent for his Third Petition, pre-arbitration letter and Exhibits AA, BB, CC, DD, EE, and FF; Email from WINDSOR with Notice of Intent to file Third Petition Part 1 of 3; Email from WINDSOR with Notice of Intent to file Third Petition Part 2 of 3; Email from WINDSOR with Notice of Intent to file Third Petition Part 3 of 3. [EXHIBIT 991.]  The certified mail receipt is EXHIBIT 992.  WINDSOR also hand-delivered a copy to SENTRY; Richard accepted the envelope.
  • On June 7, 2019, Karen Chandler from Unit B4 wrote a letter with evidence that the Liebl’s dog in B2 was responsible for staining the carpets in Building B. [EXHIBIT 821.]  She gave the letter to WINDSOR, and he emailed it to the purported Board, SENTRY MANAGEMENT, and CLAYTON AND MCCULLOH.
  • On June 7, 2019, WINDSOR sent an email to the purported Board, SENTRY MANAGEMENT, and CLAYTON & MCCULLOH charging Breach of Fiduciary Duty. [EXHIBIT 823.]  The email says:

“Karen Chandler in Unit B4 will speak to the Board and sign an affidavit stating that the Libels dog caused the carpet mess in Building B.  She has seen the dog do it.  She has seen Dorothy Libel with the dog when the dog did it.  Dorothy Libel has told Karen and Jason that the dog has “bladder issues.”

Karen cared for the dog when the Liebels were out of town, and the dog peed on the carpet at the top of the stairs.  Karen obviously observed this.

Just like the Old Board, the New Board is not requiring Dorothy Libel to clean the carpets, and this is imposing an expense on the owners that is wrongful.  23 spots have been documented with photos.

Have Libels pay, or I will sue.  Consider this Notice of Intent to file a Petition and sue.

ALSO, the Minutes of the ASSOCIATION establish that carpets have been replaced at various times.  Building B is the newest.  There is no reason to not stagger this work over the years.  It should be a budgeted Reserves item.  Building B simply needs the 23 spots of pee and poo cleaned.  Doing all buildings at one time hurts all owners.

Your approval of payments to CLAYTON AND MCCULLOH constitutes breach of fiduciary duty, in my opinion.

Your approval of fighting my first Petition also constitutes breach of fiduciary duty, in my opinion.  And if a letter from Monalene Werner magically appears after months of requests, I believe this constitutes fraud.  You better believe I will pursue that in court.

Thank you for establishing a rule yesterday that limits owners to three minutes per agenda item.  This helps enforce the fact that my rights and the rights of others were violated prior to this alleged Board enactment when CHARLIE ANN ALDRIDGE and OMAR NUSEIBEH claimed there was such a rule.  No such rule in the Rules or Minutes over the last 37 years.

  • On June 9, 2019, WINDSOR emailed attorney RUSSELL KLEMM (“RUSSELL”) of CLAYTON AND MCCULLOH, attorney BRIAN HESS, attorney NEAL MCCULLOH of CLAYTON AND MCCULLOH, and the ASSOCIATION asking them to withdraw the sham Motion to Dismiss for Failure to State a Cause of Action. [EXHIBIT 818.]
  • On June 9, 2019 at 9:54 a.m., WINDSOR emailed ISABEL CAMPBELL, SERGIO NAUMOFF, and ED BROOM advising them of his intent to sue them for breach of fiduciary duty. [EXHIBIT 819.]  The email said:

I intend to sue ISABEL CAMPBELL, SERGIO NAUMOFF, and ED BROOM for breach of fiduciary duty and other causes of action.  Please notify your insurance carrier, and ask the insurance folks to call me.

I will allege that you folks have failed to take the necessary actions to operate legally; you have spent money improperly; you are using dishonest attorneys and a dishonest management company and have been provided with massive proof.  You have presented false information to the owners about BYLAWS and special assessments.  You have concealed wrongdoing with Reserve funds.  You have failed to get the fraudulent BYLAW filing removed from Lake County Records.  You have told owners that all work must be done at the same time so some owners don’t feel slighted.  That’s a load of you-know-what.  You have not enforced the letter sent several years ago to the Libels.  You have evidence that the Libels are guilty, but you want all owners to pay to clean it up.  You have not had the Libels “installation” removed, though they were ordered to do so years ago.  And more…

It took you 76 days to hold a meeting in which ISABEL CAMPBELL essentially recited information that I had prepared back in February.

Should a letter from Monalene Werner magically appear next week, I will also charge you with fraud.  If allowed by Florida law or federal law, I will charge you with criminal racketeering (RICO).

Please keep all emails and other communications safe as they will be evidence in the case.  Please do not delete anything.  I will seek a forensic audit of your electronic devices, if necessary.

The D&O Insurance carrier was not notified.  This email was also sent to BRAD POMP, ART SWANTON, and CHARLIE ANN ALDRIDGE with SENTRY MANAGEMENT and BRIAN HESS and NEAL MCCULLOH with CLAYTON AND MCCULLOH.

  1. On June 10, 2019, WINDSOR emailed the ASSOCIATION, ISABEL, SERGIO, and ED, SENTRY, and CLAYTON AND MCCULLOH advising them of his intent to petition for arbitration regarding failure to enforce the Rules. [EXHIBIT 875.]
  2. On June 11, 2019, WINDSOR sent an email to the owners, purported Board, SENTRY, and CLAYTON AND MCCULLOH.  WINDSOR said payables must be frozen so C&M will not be paid $80,000 in legal fees. [EXHIBIT 988.]
  3. On June 11, 2019, WINDSOR sent a Notice of Intent to File Petition for Arbitration regarding Violations of Corporate Documents, Rules, and Florida Statutes, purported Board, SENTRY, and CLAYTON AND MCCULLOH.  WINDSOR also mailed a copy to attorney BRIAN. [EXHIBIT 989.]
  4. On June 11, 2019, DBPR investigator Paula Bouie sent WINDSOR a letter about the Complaint he filed over failure to produce records for January 9, 2019, February 5, 2019, February 22, 2019, and February 27, 2019 in response to Inspection of Records Requests. [EXHIBIT 1014.]
  5. On June 13, 2019, a second Final Order of Dismissal (“SECOND FINAL ORDER OF DISMISSAL”) was filed in DBPR Case No. 2019-02-1020. [EXHIBIT 1008.]
  6. On June 14, 2019, SUE Yokley purchased Unit C3 from Medea Minnich.  She paid $48,000. [EXHIBIT 1426.]
  7. On June 17, 2019, the buyers of his Unit B3 condo canceled the purchase agreement.  They canceled because of the excessive monthly “dues” and the lack of amenities at Coach Houses. [EXHIBIT 1016.]  On June 17, 2019, WINDSOR sent an email to the owners advising them that his sale fell through. [EXHIBIT 1040.]
  8. On June 17, 2019, WINDSOR sent an email to the ASSOCIATION demanding that the Building B carpets be cleaned. [EXHIBIT 1041.]
  9. On June 18, 2019, WINDSOR sent the ASSOCIATION an email stating that the potential buyers for his condo were repulsed by the carpets and the failure to have the Liebls clean the carpets undoubtedly contributed to the loss of a sale. [EXHIBIT 1156.]
  10. On June 18, 2019, the MOTION FOR REHEARING in DBPR Case No. 2019-02-1020 was executed, served, and sent to DBPR for filing. [EXHIBIT 1018.] 
  11. On June 18, 2019, the FOURTH AFFIDAVIT in DBPR Case No. 2019-02-1020 was executed, served, and sent to DBPR for filing. [EXHIBIT H.] 
  12. On June 18, 2019, the THIRD AFFIDAVIT in DBPR Case No. 2019-02-1020 was executed, served, and sent to DBPR by email. [EXHIBIT G.] 
  13. On June 18, 2019, PETITIONER’S RESPONSE TO RESPONDENT’S MOTION TO DISMISS AND MOTION TO STRIKE RESPONDENT’S MOTION TO DISMISS in DBPR Case No. 2019-02-1020 was executed, served, and sent to DBPR for filing. [EXHIBIT 1022.]

 

  1. On June 20, 2019, a purported Board Meeting was held. [EXHIBIT 1059.] [EXHIBIT 1368 is the Minutes.]  Barbara and Larry Lunsford attended the meeting as did SERGIO NAUMOFF and CHARLIE ANN ALDRIDGE OF SENTRY MANAGEMENT (shown above).  There was no discussion of quorum (0:00 to 0:42 in the video.)  CHARLIE ANN ALDRIDGE denied WINDSOR’s right to speak on the subject of “reorganization of the Board.” [EXHIBIT 1059 from 1:04 to 1:30.]  At 2:50, WINDSOR asked “what about the eight open spots on the Board?”  CHARLIE ANN ALDRIDGE said the meeting was adjourned.  She then ordered WINDSOR to leave the building.  The remainder of the video is CHARLIE ANN ALDRIDGE escorting WINDSOR out of the building.  Later that day, owner Larry Lunsford informed WINDSOR that two Tavares Police Officers arrived after he left.  As the video shows, there was absolutely no basis for reporting WINDSOR to the police.
  2. On June 21, 2019, WINDSOR sent a Notice of Intent to File Petition for Arbitration and/or a Lawsuit Regarding Violations of Corporate Documents, Rules, and Florida Statutes to BRIAN HESS of CLAYTON AND MCCULLOH. [EXHIBIT 1080.]  EXHIBIT 542 is the certified mail receipt.
  3. On June 21, 2019, the MOTION FOR REHEARING in Case No. 2019-02-1020 was executed, served, and sent to DBPR by mail. [EXHIBIT 1018.]  The Microsoft Word version of this filing is EXHIBIT 1019.  EXHIBIT 476 is the Certified Mail Receipt.
  4. On June 21, 2019, the FOURTH AFFIDAVIT in Case No. 2019-02-1020 was executed, served, and sent to DBPR by mail. [EXHIBIT H.]  The Microsoft Word version of this filing is EXHIBIT 1024.
  5. On June 21, 2019, the THIRD AFFIDAVIT in Case No. 2019-02-1020 was executed, served, and sent to DBPR by mail. [EXHIBIT G.]
  6. On June 21, 2019, PETITIONER’S RESPONSE TO RESPONDENT’S MOTION TO DISMISS AND MOTION TO STRIKE RESPONDENT’S MOTION TO DISMISS in Case No. 2019-02-1020 was executed, served, and sent to DBPR by mail. [EXHIBIT 1022.]  EXHIBIT 1037 is the certified mail receipt for the THIRD AFFIDAVIT, FOURTH AFFIDAVIT, PETITIONER’S RESPONSE TO RESPONDENT’S MOTION TO DISMISS AND MOTION TO STRIKE RESPONDENT’S MOTION TO DISMISS, and MOTION FOR REHEARING in DBPR Case No. 2019-02-1020 that was served on KLEMM.  [EXHIBIT 522 is the certified mail receipt.]
  7. On June 23, 2019, WINDSOR sent a Notice of Intent to Apply for Receivership to the ASSOCIATION. [EXHIBIT 569.]
  8. On June 23, 2019, WINDSOR emailed the ASSOCIATION with a request to be able to post the Notice of Intent to Apply for Receivership where conspicuous notices are posted. [EXHIBIT 1039.]  There was no response.
  9. On June 25, 2019, Ronell James of DBPR sent WINDSOR a letter saying the ASSOCIATION provided documentation to show his issue in Case No. 2019028466 was before federal court in Atlanta, Georgia. [EXHIBIT 1139.]  This is absolutely false, and WINDSOR suspects forgery.
  10. On June 25, 2019, WINDSOR served his Motion for Default and Motion for Fees and Costs in DBPR Case No. 2019-02-6384. [EXHIBIT 1186.]
  11. On June 27, 2019, WINDSOR received RESPONDENT’S MOTION TO DISMISS FOR FAILURE TO STATE A CAUSE OF ACTION in DBPR Case No. 2019-02-6834. [EXHIBIT 1042.]
  12. On June 28, 2019, WINDSOR sent a Motion for Leave to file Condominium Arbitration Complaints to the U.S. District Court for the Northern District of Georgia – Case No. 1-11-CV-01923-TWT. [EXHIBIT 1202.]
  13. On June 29, 2019, WINDSOR paid Stanley Steemer $83.75 to clean the carpets in Building B. [EXHIBIT 1062.]
  14. On June 29, 2019, WINDSOR sent an email to inform owners that he had been reported to the police by the ASSOCIATION or SENTRY MANAGEMENT on June 20, 2019. [EXHIBIT 1088.]  [EXHIBIT 1059 at 2:50, I asked “what about the eight open spots on the Board?”  CHARLIE ANN ALDRIDGE said the meeting was adjourned.  She then ordered WINDSOR to leave the building.  The remainder of the video is CHARLIE ANN ALDRIDGE escorting WINDSOR out of the building.  Later that day, owner Larry Lunsford informed WINDSOR that two Tavares Police Officers arrived after he left.  As the video shows, there was absolutely no basis for reporting WINDSOR to the police.
  15. On June 29, 2019, WINDSOR sent for filing his Response to Respondent’s Motion to Dismiss and Motion to Strike Respondent’s Motion to Dismiss in DBPR Case No. 2019-02-6834. [EXHIBIT 1089.]
  16. On June 29, 2019, WINDSOR sent the DBPR and RUSSELL KLEMM of CLAYTON and MCCULLOH an email with his Motion to Strike the Motion to Dismiss in DBPR Case No. 2019-02-6834. [EXHIBIT 1090.]

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