BREACH OF CONTRACT – FAILURE TO KEEP
COMMON AREAS CLEAN
- WINDSOR adopts and realleges Paragraphs 1 through 505.
- WINDSOR asserts this claim against the ASSOCIATION.
- 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.
- The ASSOCIATION DECLARATION, ARTICLES OF INCORPORATION, BYLAWS, and RULES constitute a contract between WINDSOR and the ASSOCIATION and between all Owners and the ASSOCIATION.
- 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.
- 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.
- 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.
- 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.]
- On June 7, 2019, WINDSOR sent an email to the purported Board, SENTRY MANAGEMENT, and CLAYTON & MCCULLOH charging Breach of Fiduciary Duty. [EXHIBIT 823.]
- On June 17, 2019, WINDSOR sent an email to the ASSOCIATION demanding that the Building B carpets be cleaned. [See SOF 296.]
- 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.]
- On June 29, 2019, WINDSOR paid Stanley Steemer $83.75 to clean the carpets in Building B. [EXHIBIT 1062.]
- 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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