Category: Inspection of Records

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

This is a continuation of the lawsuit regarding Coach Houses at Leesburg Condominium, as violation of Florida law on inspection of records begins. 

  1. On February 6, 2019, WINDSOR sent an email to ART SWANTON of SENTRY MANAGEMENT asking Sentry to advise what they needed for the Nielsen Trust vote to count.  WINDSOR also asked him to advise if Sentry considered the current directors and officers to be legally elected. [EXHIBIT 291.]  WINDSOR explained why those acting as directors and officers were not legally elected (based upon the information I had at that time).  There was no response.
  2. On February 7, 2019, WINDSOR sent an email to OMAR, VICKI, and KAREN, BRIAN of CLAYTON & MCCULLOH, and CHARLIE ANN of SENTRY asking the purported directors to step down. [EXHIBIT 375.]  There was no response.
  3. On February 12, 2019, the written Agreements / Ballots for the second Election/Recall effort were served on the registered agent for the ASSOCIATION. [EXHIBIT 30 is the cover letter and evidence regarding the Nielsen Trust voters.]  [EXHIBIT 31 contains the Agreements / Ballots.]  [EXHIBIT 32 is the receipt for service on the registered agent.]  Additional copies were served on the President, property manager, and registered agent.  EXHIBIT 984 is the certified mail receipt.  18 owners voted, and all 18 voted to elect ISABEL Campbell, Jason Chandler, and Joseph L. Lunsford.  That’s 100%.
  4. On February 14, 2019, a purported special Board Meeting was held. [EXHIBIT 33.]  No minutes were published for the purported meeting.  OMAR, VICKI, and KAREN approved spending approximately $27,000 with American GeoTechnical and Gartner Group on foundation repairs for Building A despite other bids that were much lower.  WINDSOR objected.  Jack Gries, the engineer hired to identify the problem and recommend contractors to do the repair, told WINDSOR that he would be happy with any of the bidders.  EXHIBIT 251 contains bids for $17,767 and $13,575.  These bids were concealed from the owners; WINDSOR obtained them through an Inspection of Records in March 2019.
  5. On February 15, 2019, WINDSOR sent an email to OMAR, VICKI, and KAREN, BRIAN of CLAYTON & MCCULLOH, and CHARLIE ANN of SENTRY about failure to produce records in response to his Request for Inspection.  WINDSOR enclosed the bogus August 2017 minutes for Baywood Condominiums.  WINDSOR advised them that if the requested documents were not produced, he would have to file a complaint with the Division of Condominiums. [EXHIBIT 274.]  WINDSOR had not received minutes for an August 2017 meeting of the ASSOCIATION.  EXHIBIT 1031 is the copy of the email received by the ASSOCIATION that was produced at an Inspection of Records on June 21, 2019.
  6. On February 15, 2019, WINDSOR sent an email to OMAR, VICKI, and KAREN, BRIAN of CLAYTON & MCCULLOH, and CHARLIE ANN of SENTRY with a Request for Inspection of Records. [EXHIBIT 343.]  WINDSOR again requested minutes showing there was ever a valid election of directors.  WINDSOR again requested proof that there were votes to amend the BYLAWS to change the date of the annual meeting and election.  WINDSOR asked for proof that nominating committees had been used and nominations from the floor at annual meetings had been offered.  WINDSOR never received proof.
  7. EXHIBIT 1032 is a copy of the February 18, 2019 letter received by CHARLIE ANN that was produced at an Inspection of Records on June 21, 2019.  This was about defamation by CHARLIE ANN.  This letter gave her notice to preserve relevant information as litigation was anticipated.
  8. On February 19, 2019 at 2:00 pm, a purported Special Board Meeting was called to order.  It was adjourned at approximately 2:14 pm. [EXHIBIT 406.]  No minutes were published for the purported meeting.  EXHIBIT 305-1 and EXHIBIT 305-2 is the video from the meeting.  OMAR announced the notice of the “Recall” was deemed proper and was received on February 12, 2019. [EXHIBIT 305-2, 0:25 into the video.]  The form of the Agreements / Ballots was accepted. [EXHIBIT 305-2, 1:40 into the video.]  (Mrs. Omar Nuseibeh also has a video.)  16 votes were identified as valid. OMAR claimed there were 32 voting interests. [EXHIBIT 305-2, 4:05 to 4:15 in the video.]  A Recall of OMAR, VICKI, and KAREN as Directors of the ASSOCIATION was improperly denied on February 19, 2019. [EXHIBIT 305-2, 5:35 into the video.]  This is detailed in DBPR Amended Petition in Case No. 2019-02-1020, referenced and incorporated herein. [EXHIBIT 1850.]
  9. The minutes of the February 19, 2019 meeting have not been made available to me.  The Board failed to file a petition for recall arbitration.  This is a violation of Florida Statute 718.112(2)(j) 3 and Florida Administrative Code 61B-23.0028(3)(b).
  10. WINDSOR objected to the action taken while at the February 19, 2019 meeting, and he had objected to it in writing on several occasions thereafter.  [EXHIBIT 305-2, 7:15 into the video.] [EXHIBIT 36.]
  11. On February 19, 2019, WINDSOR sent a letter to BRIAN of CLAYTON & MCCULLOH demanding that OMAR, VICKI, and KAREN be removed. [EXHIBIT 273.]  There was no response.
  12. On February 22, 2019, WINDSOR sent a certified letter to Brad Pomp (“BRAD”), the CEO of SENTRY. [EXHIBIT 247.]   (EXHIBIT 616 is the Certified Mail Receipt.)  WINDSOR advised BRAD that the people acting as the Board were never elected, annual meetings were not being held on the date required by the BYLAWS, that the denial of the Recall / Election was bogus.  WINDSOR made an Inspection of Records Request of the alleged letter from MONALENE Werner withdrawing her vote.  Neither BRAD nor anyone from SENTRY ever responded.  EXHIBIT 1043 is the copy of the letter received by BRAD.  This was produced in WINDSOR’s Inspection of Records on June 21, 2019.
  13. On February 22, 2019, WINDSOR made a Request for Inspection of Records by certified mail. [EXHIBIT 45.]  Items 1, 2, 3, 4, 5, 8. 9, 10, 11, 12, and 13 were never produced.  This is a violation.  (EXHIBIT 613 is the Certified Mail Receipt.)
  14. On February 22, 2019, WINDSOR made a Second Request for Inspection of Records that were not produced when first requested. [EXHIBIT 46.]  Nothing was produced.  WINDSOR had to file a Complaint with the State. [EXHIBIT 54.]  This is a violation.  (EXHIBIT 613 is the Certified Mail Receipt.)
  15. On February 23, 2019, WINDSOR sent a certified letter to NEAL McCulloh and Mr. Clayton, the Senior Partners of CLAYTON & MCCULLOH. [EXHIBIT 280.]  WINDSOR advised them that the people acting as the Board were never elected; annual meetings were not being held on the date required by the BYLAWS; and the denial of the Recall / Election was bogus.  WINDSOR made an Inspection of Records Request of the alleged letter from MONALENE Werner withdrawing her vote.  WINDSOR explained that the denial of the Recall / Election was wrong.  Neither responded.  (EXHIBIT 612 is the Certified Mail Receipt.)
  16. On February 25, 2019, a purported Board Meeting was held. [EXHIBIT 307.]  No minutes were published for the purported meeting.  EXHIBIT 308-1, EXHIBIT 308-2, EXHIBIT 308-3, EXHIBIT 308-4 is video from the meeting.  OMAR, VICKI, and KAREN voted to suspend the voting rights of Donna Dailey and Donna Hey, two of the owners who had voted to recall them.
  17. On February 27, 2019, WINDSOR emailed OMAR, VICKI, and KAREN, SENTRY, and CLAYTON & MCCULLOH asking if the votes of Donna Dailey and Donna Hey would be accepted in a recall / election.  They never responded. [EXHIBIT 290.]
  18. On February 27, 2019, WINDSOR made a Second Request for Inspection of Records for additional documents that were not produced when first requested. [EXHIBIT 48.]  (EXHIBIT 605 is the Certified Mail Receipt.)  Nothing was produced.  WINDSOR had to file a Complaint with the State. [EXHIBIT 55.]

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