Windsor v. Coach Houses at Leesburg Condominium Lawsuit – PRAYER FOR RELIEF

Prayer for Relief

WHEREFORE, the PLAINTIFF, WILLIAM M. WINDSOR, demands judgment for damages against DEFENDANTS and for other such relief as may be just and equitable and otherwise deemed proper by the Court.  The PLAINTIFF asks the Court to order:

  1. that OMAR, VICKI, KAREN, SHEHNEELA, ISABEL, SERGIO, ED, MARTA, WENDY, HOWIE, and SUE have breached their fiduciary duty and caused damages to the Plaintiff;
  2. that the ASSOCIATION, Clayton & McCulloh DEFENDANTS, SENTRY DEFENDANTS, AND OMAR, VICKI, AND KAREN have committed fraud;
  3. that ISABEL, SERGIO, ED, SHEHNEELA, NEAL, DBPR, MARTA, WENDY, HOWIE, and SUE have participated in the fraud;
  4. that Clayton & McCulloh and the Clayton & McCulloh DEFENDANTS have committed malpractice;
  5. that SENTRY and the SENTRY DEFENDANTS have committed malpractice;
  6. that SENTRY and the SENTRY DEFENDANTS have committed breach of contract;
  7. that the ASSOCIATION has failed to operate according to the DECLARATION, ARTICLES OF INCORPORATION, BYLAWS, RULES, and FLORIDA STATUTES is breach of contract;
  8. that the ASSOCIATION has committed breach of contract by failing to keep common areas clean;
  9. that the ASSOCIATION, COACH HOUSES MEMBER DEFENDANTS, SENTRY DEFENDANTS, and Clayton & McCulloh DEFENDANTS have breached governing documents;
  10. that the DEFENDANTS have participated in a conspiracy;
  11. that the Clayton & McCulloh Defendants, the SENTRY DEFENDANTS, and the DBPR DEFENDANTS have committed professional negligence;
  12. that the ASSOCIATION, COACH HOUSES MEMBER DEFENDANTS, SENTRY DEFENDANTS, and Clayton & McCulloh DEFENDANTS have not properly conducted elections; have not given adequate notice of meetings or other actions; have not properly conducted meetings; have not properly allowed inspection of books and records; have violated dozens of laws, rules, BYLAWS, and statutes, and these violations must be legally identified through declaratory judgments;
  13. that the corporate charter of the ASSOCIATION should be revoked;
  14. that DEFENDANTS have intentionally and recklessly inflicted mental suffering and emotional distress on the Plaintiff;
  15. injunctive relief;
  16. an award of punitive damages to the Plaintiff;
  17. an award attorneys’ fees and costs to the Plaintiff; and
  18. such other relief as may be proper.

Dated in Leesburg, Florida this 24th day of November, 2020.

_______________________________
William M. Windsor

DEMAND FOR JURY TRIAL

Plaintiff, WILLIAM M. WINDSOR, demands a jury trial on all issues so triable of each and every one of the Counts set forth above.

RESPECTFULLY submitted and dated this 24th day of November, 2020,

_______________________________

William M. Windsor

100 East Oak Terrace Drive, Unit B3

Leesburg, Florida 34748 – 352-577-9988

billwindsor1@outlook.com – bill@billwindsor.com

VERIFICATION

Personally appeared before me, the undersigned Notary Public duly authorized to administer oaths, William M. Windsor, who after being duly sworn deposes and states that he is authorized to make this verification and that the facts alleged in the foregoing are true and correct based upon his personal knowledge, except as to the matters herein stated to be alleged on information and belief, and that as to those matters he believes them to be true.

I declare under penalty of perjury that the foregoing is true and correct based upon my personal knowledge.

This 24th day of November, 2020,

                                                                        ___________________________

                                                                        William M. Windsor

Sworn and subscribed before me this 24th day of November, 2020, by means of physical presence.

____________________________

Notary Public

CERTIFICATE OF SERVICE

I hereby certify that I have served a true and correct copy of the foregoing by Electronic Mail:

Vicki Hedrick, Karen Bollinger, Shehneela Arshi, Ed Broom, Jr., Marta Carbajo, Sue Yokley, Wendy Krauss, Howard Solow, Omar Nuseibeh, Isabel Campbell, Sergio Naumoff,

Coach Houses at Leesburg Condominium Association, Inc., Sentry Management, Inc., Art Swanton, Charlie Ann Aldridge, and Brad Pomp:

c/o Christina Bredahl Gierke

COLE, SCOTT & KISSANE, P.A.

Counsel for Board Member Defendants

Tower Place, Suite 400, 1900 Summit Tower Boulevard, Orlando, Florida 32810

Telephone 321-972-0025, Facsimile 321-972-0099

christina.gierke@csklegal.com

victoria.mcfarland@csklegal.com, kirbie.caruso@csklegal.com

Clayton & McCulloh, P.A., Brian Hess, Neal McCulloh, Russell Klemm:

c/o Maura F. Krause

GOLDBERG SEGALLA, LLP

800 N. Magnolia Ave., Suite 450, Orlando, FL 32803

407-458-5600

mkrause@goldbergsegalla.com, jkovecses@goldbergsegalla.com

sherndon@goldbergsegalla.com, psouza@goldbergsegalla.com

Florida Department of Business and Professional Regulation, Mahlon C. Rhaney, Leah Simms:

c/o David Asti

Office of the Attorney General

501 E. Kennedy Blvd., Suite 1100, Tampa, Florida 33602-5242

Telephone: 813-233-2880, Facsimile: 813-233-2886

David.Asti@MyFloridaLegal.com

Wendy.Estevez@MyFloridaLegal.com

Christina.Santacroce@MyFloridaLegal.com

This 30th day of November, 2020.

_______________________________
William M. Windsor

 

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Windsor v. Coach Houses at Leesburg Condominium Lawsuit – PUNITIVE DAMAGES

PUNITIVE DAMAGES

  1. Pursuant to Florida Statutes, including 768.72, the DEFENDANTS should be held liable for punitive damages as they are personally guilty of intentional misconduct or gross negligence.  The DEFENDANTS had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage.  The conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the rights of persons exposed to such conduct.  CLAYTON &  MCCULLOH and SENTRY actively and knowingly participated in such conduct or the officers, directors, or managers of CLAYTON &  MCCULLOH and SENTRY knowingly condoned, ratified, or consented to such intentional misconduct that constituted gross negligence and that contributed to the loss, damages, or injury.  The officers, directors, or managers of the employer, principal, corporation, or other legal entity knowingly condoned, ratified, or consented to such conduct.  DBPR knowingly condoned, ratified, or consented to such intentional misconduct or engaged in conduct that constituted gross negligence and that contributed to the loss, damages, or injury.  The officers, directors, or managers of the employer, principal, corporation, or other legal entity knowingly condoned, ratified, or consented to such conduct.

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Windsor v. Coach Houses at Leesburg Condominium Lawsuit – JURISDICTION AND VENUE

  1. This court has jurisdiction on this matter pursuant to Florida Statutes.  This Court has personal jurisdiction over WINDSOR and residents of Lake County.  This Court has personal jurisdiction over CLAYTON & MCCULLOH, BRIAN, RUSSELL, BRAD, SENTRY, DBPR, MAHLON, and LEAH as they have done business in and have had legally meaningful contact with Lake County.
  2. Venue in Lake County, Florida is proper as the Plaintiff and most of the Defendants are located in Lake County.  The others have done business in and have had legally meaningful contact with Lake County.

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Windsor v. Coach Houses at Leesburg Condominium Association Lawsuit – INTRODUCTION

  1. This action is filed by William M. Windsor (“WINDSOR” or “PLAINTIFF”), one of the owners of Coach Houses at Leesburg Condominium Association, Inc. (“ASSOCIATION”).
  2. The ASSOCIATION is a 32-unit condominium project in Leesburg, Florida with 32 owners.  The ASSOCIATION has failed to comply with the requirements of the Condominium Act, the ASSOCIATION’s Declaration, Articles of Incorporation, Bylaws, Rules, and Florida law.
  3. The ASSOCIATION is incorporated under Chapter 617, Florida Statutes, the “Florida Not for Profit Corporation Act,” and is subject to its laws.  Florida Statutes Section 617.07401 authorizes members to bring lawsuits in the right of their non-for-profit corporation.  Windsor took his complaints to the ASSOCIATION, the purported Board members, the attorneys acting for the ASSOCIATION, and the ASSOCIATION management company.  The corporation was given every opportunity over the last two years to conduct an independent and reasonable investigation to determine if a lawsuit against the attorneys and management company was in the best interests of the corporation.

 Section 718.303(1), Florida Statutes, provides a cause of action for damages or equitable relief that may be pursued by either an association or unit owner.

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

  1. On October 1, 2020, RUSSELL Klemm filed a Motion to Dismiss Second Amended Complaint for the ASSOCIATION in Case No. 35-2019-CA-001528. [EXHIBIT 1726.]
  2. On October 1, 2020, WINDSOR filed a Request for Judicial Notice in Case No. 35-2020-001438. [EXHIBIT 1715.]
  3. On October 5, 2020, Christie Gierke filed a Notice of Appearance in Case No. 35-2020-001438 in the Fifth Judicial Circuit in Lake County, Florida. [EXHIBIT 1663.]
  4. On October 6, 2020, a letter from a Coach Houses owner was filed in Case No. 2020-CA-1871. [EXHIBIT 1775.]
  5. On October 6, 2020, Christie Gierke filed a Motion to Dismiss Claim for Punitive Damages in Case No. 35-2020-001438 in the Fifth Judicial Circuit in Lake County, Florida. [EXHIBIT 1664.]
  6. On October 6, 2020, Christie Gierke filed a Motion to Dismiss Counts 1, 2, 6, 7, 8 in Case No. 35-2020-001438 in the Fifth Judicial Circuit in Lake County, Florida. [EXHIBIT 1665.]
  7. On October 6, 2020, Christie Gierke filed a Motion to Dismiss Count 3 in Case No. 35-2020-001438 in the Fifth Judicial Circuit in Lake County, Florida. [EXHIBIT 1666.]
  8. On October 7, 2020, 2020, WINDSOR filed a Motion for Default Judgment in Case No. 35-2020-001438 in the Fifth Judicial Circuit in Lake County, Florida. [EXHIBIT 1667.]
  9. On October 7, 2020, 2020, WINDSOR filed a Motion to Strike Motion to Dismiss in Case No. 35-2020-001438 in the Fifth Judicial Circuit in Lake County, Florida. [EXHIBIT 1668.]
  10. On October 10, 2020, WINDSOR filed a Complaint for Trial De Novo against the Association.  It was assigned Case No. 2020-CA-1647 in the Fifth Judicial Circuit in Lake County, Florida. [EXHIBIT 1779.] [EXHIBIT 1780.] [EXHIBIT 1781.] [EXHIBIT 1782.] [EXHIBIT 1783.] [EXHIBIT 1784.] [EXHIBIT 1785.]  This regards DBPR Case Nos. 2019-03-8814 and 2019-04-7339.  [EXHIBIT 1857 is the full file on Case No. 2020-CA-01647.]
  11. On October 14, 2020, an Order was entered setting a Hearing for October 28, 2020 in Case No. 2020-CA-1871. [EXHIBIT 1776.]
  12. On October 17, 2020, WINDSOR emailed Christie Gierke with a CONFIDENTIAL SETTLEMENT COMMUNICATION.  There was no response.
  13. On October 21, 2020, notice of a purported Board Meeting appeared on the front door of Building B. [EXHIBIT 1795.] 
  14. On October 21, 2020 at 10:25 a.m., WINDSOR sent an email to Debra Zimmerman and BRAD Pomp of SENTRY. [EXHIBIT 1793.]  He asked them to identify legal authority for the purported October 23, 2020 meeting.  There was no response.  WINDSOR said there are no directors, so there can’t be a Board Meeting.  WINDSOR noted that there was no annual meeting or election in 2020 or 2018, and the 2019 election is void.
  15. On October 21, 2020 at 4:00 p.m., WINDSOR received an email from Debra Zimmerman about a purported Board Meeting on October 23, 2020. [EXHIBIT 1794.]
  16. On October 21, 2020, Christie Gierke (“GIERKE”) filed a Motion to Stay Discovery in Case No. 35-2020-001438 in the Fifth Judicial Circuit in Lake County, Florida. [EXHIBIT 1669.]
  17. On October 22, 2020 at 3:13 p.m., WINDSOR sent an email to Debra Zimmerman, BRAD, BRIAN, NEAL, RUSSELL, and GIERKE.  I said: “You have not responded to my email questioning how you can hold a meeting without officers or directors.”  There was no response. [EXHIBIT 1797.] 
  18. On October 22, 2020, Christie GIERKE filed a Notice of Appearance in Case No. 35-2020-001438 in the Fifth Judicial Circuit in Lake County, Florida. [EXHIBIT 1670.]
  19. On October 22, 2020 at 3:30 p.m., WINDSOR sent an email to GIERKE, BRIAN, NEAL, and RUSSELL, purportedly attorneys for the Association, expressing distress over the plans to hold a “meeting” on October 23, 2020. [EXHIBIT 1796.]  WINDSOR said Coach Houses has no officers or directors.  WINDSOR asked them to postpone the so-called meeting.  There was no response. 
  20. On October 23, 2020, a meeting was held that ISABEL claimed was a Board Meeting.  WINDSOR filmed the entire meeting. [EXHIBIT 1789.]  WINDSOR explained that there were no directors, so there could be no board meeting.  Five people who purported to be directors were there (SERGIO, WENDY, ISABEL, SUE, and ED); the ASSOCIATION has 11 board seats, so five was not a quorum.  ISABEL has taken control of the ASSOCIATION’s assets, and she is independently deciding how money is spent.  She has no authority to do this.  ISABEL announced that SENTRY would no longer be the management company on Halloween.  No explanation was given, but WINDSOR suspects SENTRY quit.  Arise Property Management was identified as the new management company.  Tanya Suarez was the purported new manager.  The Agenda [EXHIBIT 1788] notes “Approval of Minutes: None.”  WINDSOR asked about this, and the response was that there were no minutes from a prior board meeting.  This is true; this wasn’t a legal Board Meeting, and there have been no legal Board Meetings prior to this.  WINDSOR asked ISABEL if there had been secret meetings, and she defiantly said “NO!”  WINDSOR knows there have been secret meetings, but if ISABEL is taken at her word, that means she has independently seized control of the ASSOCIATION and its assets.
  21. On October 24, 2020, WINDSOR sent a Request for Inspection of Records to BRIAN of C&M by certified mail. [EXHIBIT 1791.]  [EXHIBIT 1790 is the certified mail receipt.]
  22. On October 26, 2020, Maura F. Krause of Goldberg Segalla, LLP filed a Notice of Appearance and Designation of Email Addresses for Clayton & McCulloh, P.A., Brian Hess, Neal McCulloh, Russell Klemm in Case No. 35-2020-001438. [EXHIBIT 1671.]
  1. WINDSOR identified over 180 issues and violations by the ASSOCIATION that he presented in a petition to the DBPR. The ASSOCIATION has operated unlawfully for many years, violating numerous Florida statutes and the ASSOCIATION’s DECLARATION, BYLAWS, and ARTICLES of Incorporation. Elections have not been properly conducted. Adequate notice of meetings and other actions have not been given. Meetings have not been properly conducted. Inspection of books and records has been denied. The ASSOCIATION has consistently failed to conduct meetings properly, including annual meetings and elections. Purported meetings on December 12, 2018, February 19, 2019, and March 22, 2019 were not properly conducted.  Florida statutes have been violated repeatedly.  The ASSOCIATION, SENTRY, and C&M committed fraud regarding the attempt to amend the BYLAWS at the meeting on August 1, 2017. People purporting to be Directors of the ASSOCIATION were not legally holding office so they had no authority to act as officers and directors. An April 4, 2019 Special Member’s Meeting requested by 10 owners by certified mail was not held.  An Aril 11, 2019 meeting should have been held, but was not.  There has not been an annual meeting or annual election in over a year, and there are no legally elected officers or directors of the ASSOCIATION.  Voting interests have been incorrectly calculated.  Proper records have not been maintained, and more.
  2. Fraudulent documents have been filed with the Florida Secretary of State, and WINDSOR believes the ASSOCIATION’s corporate charter should be revoked for a number of violations.
  3. Upon information and belief, despite clear requirements in the D&O Insurance policies, the ASSOCIATION never notified the insurance carriers of litigation and threatened litigation with WINDSOR dating back as far as early 2019.
  4. WINDSOR repeatedly communicated to the ASSOCIATION, owners, C&M DEFENDANTS, and SENTRY DEFENDANTS that there was malpractice.  On March 28, 2019, WINDSOR sent an email to ART and CHARLIE ANN of SENTRY, BRIAN of C&M, and SHEHNEELA complaining of malpractice over the failure to schedule and conduct an April 4, 2019 meeting. [EXHIBIT 368.]  They did nothing.  On March 28, 2019, WINDSOR sent a letter to the purported New Board (including SHEHNEELA, ISABEL, ED, SERGIO, OMAR), ART and CHARLIE ANN of SENTRY, and BRIAN of C&M objecting to the failure to hold the April 4, 2019 meeting. [EXHIBIT 256.]  WINDSOR expressed this was a violation and malpractice.  EXHIBIT 1095 is a demand dated July 19, 2019.  The July 19, 2019 demand was sent to owners of the ASSOCIATION, purported Directors of the ASSOCIATION, ISABEL, ED, SERGIO; BRIAN, NEAL, and RUSSELL of C&M; BRAD, ART, and CHARLIE ANN of SENTRY.  This was regarding fraud charges against the ASSOCIATION, purported Directors, SENTRY, and C&M.  The AFFIDAVIT OF WILLIAM M. WINDSOR DATED OCTOBER 27, 2020 (“AFFIDAVIT-2020-10-27”) is filled with communications and information about the wrongdoing, malpractice, and demands for action to correct issues.
  5. RUSSELL has committed many violations of the Florida Rules of Professional Conduct while fighting WINDSOR.  He has committed perjury, fraud on the court, and many other violations.  Meanwhile, C&M has obtained over $130,000 in legal fee payments from the ASSOCIATION. [EXHIBITS 1850, 1851, 1852, 1853.]
  6. The contract with SENTRY [EXHIBIT 430] required that “Agent shall act in accordance with Association’s recorded governing documents, applicable statutes and legal directives….”  SENTRY violated this agreement.
  7. WINDSOR recently learned that the land and buildings of the ASSOCIATION have been appraised at over $5 million dollars.  WINDSOR wonders whether part of what may have been at play with all the wrongdoing is an attempt to “steal” the land and buildings.  If someone bought each of the 32 units for the going rate of $60,000, a $1,920,000 investment would give an asset that could be flipped for over $5 million.  Perhaps the plan was to force members to sell, but when WINDSOR discovered all the wrongdoing, it blew the scheme.
  8. The DBPR, MAHLON, and LEAH acted in bad faith and with malicious purpose.  They acted in a manner exhibiting wanton and willful disregard of human rights and property.  MAHLON and LEAH acted outside the scope of their employment.  MAHLON and LEAH acted with wanton or willful disregard to Plaintiff’s rights.  MAHLON AND LEAH knowingly violated various laws and case law.  MAHLON and LEAH knowingly ignored the facts and lied about the facts.  The conduct of the DBPR DEFENDANTS was intentional and reckless.  Their conduct was outrageous as poor condominium owners have been falsely led to believe that they can turn to the DBPR for relief from corruption and wrongdoing.  Windsor suspects DBPR DEFENDANTS were bribed to act as they did.  MAHLON and LEAH should have recused themselves for their gross bias and illegal intent.  The DBPR, MAHLON, and LEAH have caused severe emotional distress to Windsor.
  9. Both MAHLON and LEAH are liars.  They lied about the facts, and they lied about the law.  They have committed acts that are not duties of DBPR employees.  There is no immunity for criminal acts, and MAHLON and LEAH have committed crimes.  DBPR, MAHLON, and LEAH have acted in the absence of all jurisdiction. 
  10. The wrongdoing of the DBPR, MAHLON, and LEAH is shown in EXHIBITS 1850, 1851, 1852, and 1853, referenced and incorporated herein.  Special note is made of Petitioner’s Motion for Reconsideration of April 8, 2020 Order in DBPR Case Nos. 2019-05-3927 and 2019-04-7339; Motion for Rehearing in DBPR Case No. 2019-02-1020; and Motion for Recusal and Affidavit in Support in DBPR Case No. 2019-02-1020.
  11. WINDSOR has presented the claim to the Department of Financial Services in compliance with Florida Statute 768.28.

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Windsor v. Coach Houses at Leesburg Condominium Lawsuit

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL DISTRICT

IN AND FOR LAKE COUNTY, FLORIDA

William M. Windsor,

Plaintiff,

                                                                                    Case No. 35-2020-CA-001438

vs.

Coach Houses at Leesburg Condominium Association, Inc., Omar Nuseibeh, Vicki Hedrick, Karen Bollinger, Shehneela Arshi, Isabel Campbell, Sergio Naumoff, Ed Broom, Jr., Marta Carbajo, Sue Yokley, Wendy Krauss, Howard Solow, Sentry Management, Inc., Charlie Ann Aldridge, Art Swanton, Brad Pomp, Clayton & McCulloh, P.A., Brian Hess, Neal McCulloh, Russell Klemm, Florida Department of Business and Professional Regulation, Mahlon C. Rhaney, Leah Simms, and Does 1-20,

Defendants.

____________________________________________________________________________

SECOND AMENDED COMPLAINT

PLAINTIFF hereby files this Second Amended Complaint (“SECOND AMENDED COMPLAINT”) and shows the Court the following:

PLEASE BE ADVISED: Everything you are about to read regarding the BIG LAWSUIT is the actual lawsuit Complaint. It was sworn under penalty of perjury before a notary to be true and correct based upon William M. Windsor’s knowledge. It is on file in Lake County Circuit Court for anyone to read.

Introduction

Jurisdiction and Venue

Parties

Legal Background

Statement of Facts:

Facts — 2018

Facts — January 2019

Facts — February 2019

Facts — March 2019

Facts — April 2019

Facts — May 2019

Facts — June 2019

Facts — July 2019

Facts — August 2019

Facts — September 2019

Facts — October 2019

Facts — November 2019

Facts — December 2019

Facts — January 2020

Facts — February 2020

Facts — March 2020

Facts — May 2020

Facts — June 2020

Facts — July 2020

Facts — August 2020

Facts — September 2020

Facts — October 2020

CAUSES OF ACTION

COUNT ONE — BREACH OF FIDUCIARY DUTY

COUNT TWO — FRAUD

COUNT THREE — DERIVATIVE ACTION FOR LEGAL MALPRACTICE

COUNT FOUR — BREACH OF CONTRACT

COUNT FIVE — DERIVATIVE ACTION FOR MALPRACTICE AND BREACH OF CONTRACT

COUNT SIX — BREACH OF CONTRACT – FAILURE TO KEEP COMMON AREAS CLEAN

COUNT SEVEN — CONSPIRACY

COUNT EIGHT — PROFESSIONAL NEGLIGENCE

COUNT NINE — INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

PUNITIVE DAMAGES

Prayer for Relief

 

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

  1. On August 3, 2020, WINDSOR filed a Motion for Reconsideration and Request for Findings of Fact in Case No. 35-2019-CA-001871. [EXHIBIT 1741.]
  2. On August 3, 2020, WINDSOR filed an Amended Motion for Reconsideration and Request for Findings of Fact in Case No. 35-2019-CA-001871. [EXHIBIT 1742.]
  3. On August 12, 2020, WINDSOR filed a Second Amended Complaint in Case No. 35-2019-CA-001871. [EXHIBIT 1743.]
  4. On August 14, 2020, WINDSOR served a Request for Production in Case No. 35-2019-CA-001871. [EXHIBIT 1744.]
  5. On August 25, 2020, WINDSOR filed an Amended Response to Motion to Dismiss in Case No. 35-2019-CA-001528. [EXHIBIT 1703.] [EXHIBIT 1704.] [EXHIBIT 1705.] [EXHIBIT 1706.]
  6. On August 25, 2020, WINDSOR filed a Verified Affidavit in Case No. 35-2019-CA-001528. [EXHIBIT 1722.]
  7. On August 25, 2020, WINDSOR filed a Memorandum of Law in Case No. 35-2019-CA-001528. [EXHIBIT 1702.]
  8. On August 27, 2020, WINDSOR filed a Motion for Conference in Case No. 35-2019-CA-001528. [EXHIBIT 1701.]
  9. On August 27, 2020, RUSSELL Klemm of CLAYTON & MCCULLOH filed a Second Amended Notice of Hearing for September 1, 2020 in Case No. 35-2019-CA-001528. [EXHIBIT 1716.]
  10. On August 29, 2020, WINDSOR filed a Motion for Default Judgment in Case No. 35-2019-CA-001871. [EXHIBIT 1871.]
  11. On August 30, 2020, WINDSOR filed a Notice of Filing Exhibits – Parts 1 to 7 in Case No. 35-2019-CA-001528. [EXHIBIT 1688.] [EXHIBIT 1689.] [EXHIBIT 1690.] [EXHIBIT 1691.] [EXHIBIT 1692.] [EXHIBIT 1693.] [EXHIBIT 1694.]
  12. On August 31, 2020, RUSSELL Klemm filed a Motion to Dismiss Second Amended Complaint in Case No. 35-2019-CA-001871. [EXHIBIT 1777.]

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

  1. On July 27, 2020, WINDSOR filed a Second Request for Judicial Notice in Case No. 35-2019-CA-001871. [EXHIBIT 1737.]
  2. On July 27, 2020, WINDSOR filed a Request for Judicial Notice in Case No. 35-2019-CA-001871. [EXHIBIT 1738.]
  3. On July 27, 2020, the Court entered an Order Granting Motion for More Definitive Statement in Case No. 35-2019-CA-001871. [EXHIBIT 1740.]
  4. On July 27, 2020, WINDSOR filed an Amended Request for Judicial Notice in Case No. 35-2019-CA-001871. [EXHIBIT 1739.]

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