Windsor v. Coach Houses at Leesburg Condominium Lawsuit – FACTS – 2018

Violations of Florida law and the Coach Houses at Leesburg Condominium Association corporate governing documents began in 1980.  William M. Windsor became an owner in September 2017, and his discovery of wrongdoing began for him in 2018.  This is a continuation of the BIG Condominium Lawsuit.

  1. On March 14, 2018, OMAR and KAREN executed a $165,000 Promissory Note for the ASSOCIATION. [EXHIBIT 1045 was produced by the ASSOCIATION at the Inspection of Records on June 21, 2019.]  The owners were unaware of this.  There was no Board Meeting or Member’s Meeting to approve this.  The ASSOCIATION published a No Meeting Notice for March 2018. [EXHIBIT 1414.]
  2. There never was a 2018 Annual Meeting or Election.  The ASSOCIATION did not publish minutes for a 2018 Annual Meeting.  WINDSOR never received notice of an election in 2018, and he knows there was never a 2018 election.  Required notice was not sent prior to an August 2018 election as there was no August 2018 election.  Notice was never posted.  SENTRY published a “No Meeting Notice” for August 2018, so there is no debate over whether there was a 2018 election. [EXHIBIT 332.]  IF the BYLAW amendment had been valid on August 1, 2017, there had to be an annual meeting and election in January, February, or March 2018.  There was no annual meeting or election in 2018.  There were meetings on May 1 and December 12, 2018, and neither of these meetings were annual meetings or elections [EXHIBIT 451.]
  3. On July 18, 2018, OMAR Nuseibeh sent an email to CHARLIE ANN of SENTRY. [EXHIBIT 285.]  He said a proposed assessment was for repair work done in 2017.  This was not disclosed to the owners.  The owners were told the first special assessment on December 12, 2018 was for an emergency with in the foundation of Building A, not for work done previously.  Minutes from August 1, 2013 indicate that a bank loan of $96,528 was obtained to pay for the Building B and C foundation repair work. [EXHIBIT 411.]  WINDSOR considers this is a violation of fiduciary duty.  Notice of an August 2018 annual meeting and election of the Board was not posted in a conspicuous place as required by BYLAW 2.4 and Florida Statute 718.112 (1) (c) 1.  There are no affidavits in the records of the ASSOCIATION stating that such notice was provided.  Inspection of the ASSOCIATION’s records reveals no evidence of conspicuous postings at any time prior to 2019 after WINDSOR complained.
  4. On August 25, 2018, Russell Klemm of C&M sent a letter to the ASSOCIATION c/o CHARLIE ANN of SENTRY. [EXHIBIT 266.]  It says it is attorney-client privileged.  In the letter, Klemm notes that amendments require a 75% vote and approval of all holders of first mortgage liens.
  5. The ASSOCIATION published a No Meeting Notice for August 2018. [EXHIBIT 666.]
  6. On November 21, 2018, SENTRY mailed meeting packages to the owners for purported December 12, 2018 meetings.  Fellow owner Medea Minnich provided her envelope to WINDSOR to prove the date. [EXHIBIT 335.]  BYLAW 6.2 g requires 30 days’ notice, so this proves the meeting failed to have the required notice.  The enclosure is EXHIBIT 9.  The Proof of Notice Affidavit says it was mailed November 14, 2018, but the postmark on the envelope shows this affidavit to be false. [EXHIBIT 364.]  The affidavit further proves the meeting failed to have the required notice because November 14, 2018 was only 28 days prior to the meetings.  This is a violation and makes the meeting void.  A notice of the purported December 12, 2018 meetings was not posted in a conspicuous place.  This is required by BYLAW Paragraph 2.4.  OMAR, VICKI, and KAREN were not lawfully elected, so they had no authority to schedule the December 12, 2018 meeting.
  7. WINDSOR sent an email to OMAR, VICKI, the purported Board, and SENTRY on November 23, 2018 expressing that he wanted to mount a campaign to have the purported Board removed. [EXHIBIT 318.]
  8. WINDSOR became even more concerned about the management of the ASSOCIATION when on or about Monday, November 26, 2018 he received his copy of the notice of the purported December 12, 2018 meetings.  It contained a proposal to increase WINDSOR’s monthly assessments from $371.50 to $582.38. [EXHIBIT 9.]  The Reserve Table was on the back of the Proposed Budget page. [EXHIBIT 814.]  WINDSOR received the notice only 17 days prior to the meetings.  It came as a complete shock to him.  Before he bought his unit, OMAR told him to assume a cost-of-living increase annually.  This was at best deceptive as WINDSOR’s monthly assessment has now increased to $621.95, which is over triple the 2012 rate of $201.09.  WINDSOR anticipated 3% annually.
  9. A notice of the purported December 12, 2018 meetings was not posted in a conspicuous place.  This is required by BYLAW Paragraph 2.4. 
  10. OMAR, VICKI, and KAREN were not lawfully elected, so they had no authority to schedule the December 12, 2018 meeting.
  11. On December 12, 2018, purported Board and Member Meetings were held.  When WINDSOR walked in, Corporal Adston with the Leesburg Police Department was there; he was armed.  The husband of one of the Board members, David Wayne Hedrick, sat next to WINDSOR; he told WINDSOR he had a concealed handgun permit, and WINDSOR believes he was carrying a gun.  WINDSOR asked if he was carrying a gun, and he refused to answer in a most belligerent manner.  Purported President OMAR told the owners that there had been threats.  He defamed WINDSOR in front of his neighbors.  He said WINDSOR provided misleading information to owners, which he has never done.  He also indicated that WINDSOR told owners they had an option to not pay assessments, which he has never done!  He told the owners WINDSOR was the reason the monthly assessments had to increase so much.  He said a lot more.  WINDSOR subsequently learned that he allegedly told owners that WINDSOR had made threats to do physical harm to Board members.  WINDSOR did no such thing! 
  12. OMAR, CHARLIE ANN of SENTRY, and BRIAN of CLAYTON & MCCULLOH then announced that the votes submitted in advance by owners were being disregarded.  The purported Board disregarded the votes and proxies and conducted a vote that excluded those not in attendance on December 12, 2018.  WINDSOR objected to this, but BRIAN of CLAYTON & MCCULLOH ignored him and facilitated this wrongdoing.  There is no legal authority for discarding the proxies of owners who did not attend and conducting a vote that excluded those owners.
  13. The December 12, 2018 meeting is void for a variety of reasons.  There was insufficient notice.  BYLAW 6.2 g was violated.  BYLAW 6.2 and BYLAW 6.3 were violated.  The notice of the meeting was not posted, much less conspicuously, a violation of BYLAW 2.4.  Owners were denied their right to vote by proxy without notice.  The people who scheduled and conducted the meeting were not lawfully-elected directors.  There were many invalid Designated Voter Certificates.  There was no quorum for the Members’ Meeting.  There are no minutes for the purported Members’ Meeting.
  14. WINDSOR began reading all of the ASSOCIATION’s documents (EXHIBIT A, EXHIBIT B, EXHIBIT D, EXHIBIT E), and he read Chapter 718 of the Florida statutes.  WINDSOR discovered what he believed were dozens of violations.  WINDSOR began communicating what he thought were violations to OMAR, VICKI, the purported Board of the ASSOCIATION, CHARLIE ANN of SENTRY, and CLAYTON & MCCULLOH.
  15. On December 14, 2018, WINDSOR sent a series of emails to OMAR, VICKI, the purported Board of the ASSOCIATION, CHARLIE ANN of SENTRY, and CLAYTON & MCCULLOH. [EXHIBIT 287.]  WINDSOR expressed that the December 12, 2018 meeting violated BYLAW 6.2 g, which provides: “Copies of a proposed budget and proposed assessments shall be delivered or mailed to each member not less than thirty (30) days prior to the meeting of the board of directors at which the proposed budget will be considered for adoption, together with a notice of that meeting.”  The actions of December 12, 2018 violated this BYLAW as the proposed budget was changed on December 12, 2018, and the two new proposals were never sent to the members.  WINDSOR identified four other violations at the December 12, 2018 meeting.  BYLAW 6.3 was violated.  BYLAW 6.2 was violated.  Sufficient notice was not given; the notice was mailed less than the required 30 days in advance.  WINDSOR was denied the ability to speak at the December 12, 2018 meeting because the purported Board, SENTRY, and CLAYTON & MCCULLOH claimed WINDSOR was limited to three minutes.  There was no such Rule, and it is a violation of Florida statutes Section 718.112(2)(c)&(d), which provides that unit owners have a right to attend member meetings and board meetings and the right to speak at such meetings with reference to all designated agenda items.  WINDSOR asked that the actions at the meeting be declared null and void, and he was ignored.
  17. On December 26, 2018, WINDSOR sent a letter listing the suspected violations to the OMAR, VICKI, KAREN, and C&M. [EXHIBIT 249.]  WINDSOR expressed that those acting as the directors had never been elected and should be removed.  WINDSOR listed 37 suspected violations.  Suspected Violations 14 and 23-28 should be deleted as WINDSOR was wrong about those.  He has subsequently identified many additional violations.
  18. On December 26, 2018, WINDSOR sent a letter to OMAR and BRIAN of C&M identifying a violation to the BYLAWS and the Florida statutes regarding the increase in “dues” for 2019. [EXHIBIT 338.]
  19. On December 28, 2018, OMAR, VICKI, and KAREN signed a fraudulent affidavit stating that the BYLAWS were amended on August 1, 2017.  It was prepared by BRIAN of CLAYTON & MCCULLOH. [EXHIBIT C.]  This was done secretly.
  20. The December 31, 2018 Year-End Financial Report revealed that there was only $11,780 in Reserves, not the $57,786.30 indicated by CHARLIE ANN of SENTRY on December 12, 2018. [EXHIBIT 21.]  Furthermore, the Reserves fund owed $24,160 to the operating account, so the Reserves was actually negative $12,380.  Section 718.112(2)(f) of the Florida Statutes and Rule 61B-22.005 of the Florida Administrative Code require ALL Florida condominium associations to fund reserve accounts for deferred property maintenance and replacement projects.  The Reserves were designated for specific uses, and the owners were told at the December 12, 2018 meeting that the money could only be used for the identified uses.  It is clear that the money was misused, and that the ASSOCIATION failed to have the required Reserves.
  21. On December 30, 2018, WINDSOR mailed or hand-delivered a letter to all 32 owners.  WINDSOR enclosed an Agreement / Ballot seeking a recall or election. [EXHIBIT 20.]  WINDSOR was one of the candidates.  The Agreement and Ballot stated this in the first paragraph:

“This Agreement is being circulated for the purpose of electing the people to serve on the Board of Directors for Coach Houses at Leesburg Condominium Association, Inc.  According to the Bylaws and Florida statutes, the current Board members may not be legally-elected.  This Ballot and Written Agreement is the procedure established by law to resolve such an issue and ensure that the people acting for the Association have the legal right to do so.”

  • WINDSOR’s December 30, 2018 letter stated: “I do not believe the current Board legally holds office.”  WINDSOR said he had identified 37 violations.  This letter went to all of the COACH HOUSES MEMBERS DEFENDANTS.
  • To discourage owners from supporting WINDSOR’s efforts, OMAR and others began telling owners that WINDSOR had threatened to kill Board members.  Owners were subsequently told that WINDSOR was a criminal and was wanted for the crime of fraud.  A Wanted Poster of WINDSOR was mailed anonymously to the owners.  None of this was true.

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