Conspiracy is one of the charges against the Defendants:
- WILLIAM M. WINDSOR adopts and realleges Paragraphs 1 through 505.
- WINDSOR asserts this claim against all DEFENDANTS.
- They have conspired to do unlawful acts or do lawful acts by unlawful means. Many overt acts have been done in pursuance of the conspiracy. WINDSOR has suffered damage as a result of the acts performed through the conspiracy.
- Upon information and belief, there has been an agreement between two or more parties to do unlawful acts or do lawful acts by unlawful means.
- One of the acts of the conspiracy is to ignore the laws of the State of Florida and the corporate governing documents to put people who were not lawfully elected in control of the ASSOCIATION. The goal of the conspiracy was to enable the ASSOCIATION to operate unlawfully. All of the DEFENDANTS have committed overt acts in pursuance of the conspiracy. OMAR NUSEIBEH, VICKI HEDRICK, and KAREN BOLLINGER agreed with the SENTRY MANAGEMENT DEFENDANTS and CLAYTON AND MCCULLOH DEFENDANTS to falsely claim the BYLAWS were amended. The CLAYTON AND MCCULLOH DEFENDANTS handled the legal work to document a BYLAW amendment that was never passed, and CLAYTON AND MCCULLOH filed it in Lake County Florida. CLAYTON AND MCCULLOH then lied about the validity of the amendment, and SENTRY MANAGEMENT covered up that there was no amendment and no minutes to substantiate a BYLAW amendment. Upon information and belief, the DBPR was brought into the conspiracy. MAHLON C. RHANEY has had ex parte discussions with RUSSELL E. KLEMM of CLAYTON AND MCCULLOH. The DBPR DEFENDANTS have issued opinions that are truly outrageous to assist the other DEFENDANTS in their wrongdoing. The CLAYTON AND MCCULLOH DEFENDANTS and SENTRY MANAGEMENT DEFENDANTS have been involved since Day One as were OMAR NUSEIBEH, VICKI HEDRICK, and KAREN BOLLINGER.
- WINDSOR anxiously awaits discovery that may show who established the agreement and concocted the scheme. Upon information and belief, it was either OMAR NUSEIBEH, CLAYTON AND MCCULLOH, or SENTRY MANAGEMENT, and it was done in an effort to conceal wrongdoing, criminal acts, improper use of ASSOCIATION assets, and malpractice by CLAYTON AND MCCULLOH and SENTRY MANAGEMENT.
- The torts include Breach of Fiduciary Duty, Breach of Contract, Breach of Corporate Governing Documents, Fraud, Intentional Infliction of Emotional Distress, Malpractice, and more. Upon information and belief, criminal acts have been committed.
- The COACH HOUSES MEMBER DEFENDANTS have conspired with the ASSOCIATION and each other. The COACH HOUSES MEMBER DEFENDANTS, the ASSOCIATION, the CLAYTON AND MCCULLOH DEFENDANTS, the SENTRY MANAGEMENT DEFENDANTS, and the DBPR DEFENDANTS have conspired with each other. All of the issues applicable to mandatory non-binding arbitration have already been addressed with the DBPR.
- Each of the COACH HOUSES MEMBER DEFENDANTS has falsely claimed the BYLAWS were amended and that various people who were never lawfully elected were the Officers and Directors. The ASSOCIATION has participated in virtually all of the acts of the conspiracy. The CLAYTON AND MCCULLOH DEFENDANTS and the SENTRY MANAGEMENT DEFENDANTS have facilitated all of the wrongful acts. ALL of the DEFENDANTS have ignored efforts to get state law and corporate governing documents honored.
- The DBPR DEFENDANTS have violated Article 1, Section 21 of the Florida Constitution as part of the conspiracy. [See SOF 369.] There has never been an appellate decision in Florida granting immunity to the DBPR or its employees.
- The DBPR, MAHLON C. RHANEY, and LEAH SIMMS acted in the clear absence of all jurisdiction. They violated the law, committed perjury, acted corruptly, and intentionally violated WINDSOR’s rights. There is no immunity for criminal conduct and conspiracy by a government agency or attorneys who want to pretend to be “judges.” They showed bad faith, malicious purpose, and wanton and willful conduct. [See SOF 502, 503, 504.]
- A significant effort of the conspiracy has been to wrongfully declare BYLAW 2.2 was amended on August 1, 2017. The records produced by the ASSOCIATION at Inspections of Records prove that the BYLAW was not amended. The Minutes of the meeting do not even mention efforts to amend the BYLAW. [EXHIBIT 1287.]
- WINDSOR has been damaged as a result of the acts done under the conspiracy. WINDSOR had to withdraw as a candidate for the Board. WINDSOR lost an $80,000 contract to sell his condo. WINDSOR has spent many thousands of dollars fighting the wrongful acts. The ASSOCIATION has spent over $130,000 with CLAYTON AND MCCULLOH battling WINDSOR’s efforts, and WINDSOR has been forced to pay 1/32 of that amount. WINDSOR has been forced to pay monthly assessments that are dramatically higher than the last lawfully-approved assessment. WINDSOR has been forced to endure emotional distress.
The DEFENDANTS developed a “peculiar power of coercion” possessed by the conspirators by virtue of their combination, which WINDSOR acting alone does not possess. Here it was the concerted nature of the actions of these DEFENDANTS that caused the resulting losses to WINDSOR.
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