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.

Click here for links to the entire lawsuit, by section