[The following open-letter was submitted by its author and is being posted without significant changes. The accuracy of the statements in the letter has not been verified and the content represents its author's view and not necessarily that of this blog's administrator.]
Just to recap what the professional Board of Townhouses at Jacaranda did today for posterity sake, lest we forget.
I am still not sure why our Association attorney still represents the Association at this time, since the Board is obviously not interested in following her advice and the Board is leaving the Association open to litigation.
1) John Lovell - in possible violation of Florida wiretapping and privacy laws - video and audiotaped people in the office without their permission. Lovell was warned about this previously. Bette Ann DiSalvo told him she did not want to be video or audio taped, as did Charlotte. John Lovell ignored their requests and continued to possibly violate Florida laws as a Board Member.
2) Garnishment/reduction of an hourly employees wages - reducing Charlottes last pay check by a couple hundred dollars is not only petty, but may open Yvonne and others up to civil penalties. Charlotte signed no agreement with the Board regarding any reduction or payback of education expenses - while the Board may have discussed this, and while this may have been the understanding between the Board and the property manager, without an agreement or a signed employee handbook with this specified policy in writing the Board will have issues. Not to mention that as an hourly employee she was attending a course paid for by the Association then she is entitled to overtime for the course she attended. Charlotte should contact the Department of Labor if any of her final paycheck is reduced. She returned the check for to the State of Florida for the license ($275 +/-) as she is not obtaining the license. Wage and hour lawyers work for contingency, govern yourselves accordingly. Suposed ly this all stared because Lue Cooper complained that she did not get to have the same opportunity to obtain her CAM license adn complained to Wendi Hill; the chain of command for any HR issues is to speak with your manager, then the President, and then the Board. Bette Ann DiSalvo's contract gave ther the right and privelege to manage her employees, by interfering those involved may have breached that contract. You don't mess with people's paychecks, the government does not like it...and they carry a BIG stick.
3) Lue Cooper suposedly has made accusations this week about affairs between Charlotte and Manny, about my working at Charlotte's computer, and about Jim Miles paying Charlotte "kickbacks" and other outrageous lies. Lue Cooper has supposedly been reporting these items to Wendi Hill and others, who has been asking the employees of the Association for additional details and repeating these slanderous, defamatory statements. Yvonne, Wendi, Lovell, Augusta and Theresa were informed this morning of other slanderous comments from Lue - in her capacity as an employee of the Association - and have chosen to keep her on staff. These Board Members, as well as Lue Cooper, need to assume personal responsibility for their actions, and be accountable in a court of law.
4) Lue Cooper has been accused by me of identity theft (passing my association name and password to Board Members) which have allowed them to hack one of my email accounts. Upon being made aware of this, the Property Manager Bette Ann DiSalvo asked Lue to stop using her computer so that a forensic check could be made. Lue has also been using the computer for personal items, such as installing and removing peer-to-peer computer software LimeWare which allows hackers and others to penetrate the office computers and slows down the computer systems. When notified of this, Lue contacted Wendi H, and as a reward for her possible criminal and otherwise unprofessional activity kept her job. She also made false accusations yesterday about my having a multi-hour locked door conversation with Bette Ann (it was 20 minutes, and I had the dog with me, along with witnesses) and that I had been working at Charlotte's computer (untrue, Charlotte was at her computer). I am still not sure whi ch is worse: that Lue cannot tell the truth or that Wendi and Yvonne believe what they heard.
5) Police were called to escort Charlotte and Bette Ann off the premises today, by Lovell, Fabozzi and Wendi. Fabozi attempted to run down one unit owner in front of the police and attempted to restrict access to the office and official records during operating hours. As a former licensed Community Asociation Manager, Fabozi knows it is illegal to restrict access to the office and records. In addition, she is aware that Community clubhouses and public/common areas are accessible by all unit owners. Is it permissible to be selective?
6) Bette Ann DiSalvo was supposedly fired "for cause." However, no reason was provided. She was fired by a person who has a complaint filed with our attorney by Bette Ann, which could lead to litigation against those that terminated her as retaliatory and as retribution. Her statement was witnessed by two Board Members. Also, HR matters - unless in litigation - are part of the Association records and the reasons for termination need to be made public upon request. Consider this a public and official request for the reasons for Bette Ann DiSalvo's termination today. Also, Fabozzi attempted to terminate Charlotte - this was interesting as Charlotte had already tendered her resignation and today was her last day. Per prior Board motions - which have not changed - the office staff reports to the property manager, and then to the President for direction. Lovell, Wendi, and Fabozzi's actions were a violation of Board policy. These three acting with Levy (over the phone supposedly) te rminated Bette Ann as an "emergency action" by the Board - what emergency existed?
7) The Board has a replacement manager starting on Monday, which means that they met in secret or that meetings occurred without notice. How was a replacement found and hired without an HR committee, or President or Vice President involved? For people who claim they want change and openness, why are they acting in secret and in violation of the Statutes?
8) "Forensic computer experts" are supposed to be in the office on Friday to examine the computers and search for emails showing kickbacks, illegal payments, hidden files, and Jimmy Hoffa's body. In actuality, the likelihood is that files will be deleted and removed which are part of the official TAJ record. I do hope they keep the backup tapes and make copies of anything they touch - and that someone is there to witness what they do. Again, this is an official request as to the cost of this "forensic expert and their qualifications and the scope of their work.
9) Lovell, Fabozzi and Augusta asked in writing for Manny's resignation this evening. Give credit to Wendi for doing the right thing and not going along with them.
10) Prentis and I are still listed on the bank accounts even though Prentis and I are no longer officers. I for one will not be responsible for any check, invoice, or payment or any activity on the TAJ bank accounts, nor will I participate in fraud by signing any check or document, on behalf of the Association. I have not signed any checks, invoices, or payment requests after the election of March 8, 2008.
11) Contractors who had first right of refusal to contiue working on 7 additional buildings within the community under a Board aproved sealed bid process and signed contracts are being denied the right to continue working, without any cause or reason. The contracts were written to prevent this from happening and to insure the work continued with qualified contractors and to appease the City's requirement to complete all the buildings in a timely manner. The current Board has exposed the Association to a possible breach of contract lawsuit by the contractors based upon their actions. I would be very concerned as to the reaction of the City when they see the slowdown of work and permits - with the slowdown in the economy they have nothing better to do than to watch and cite as they did with the roofs.
12) The financial audit is due no later than 90 days after the end of the fiscal year - March 30, 2008 - I am looking forward to seeing the audit on that day. Who is the finance director responsible for this?
13) The Board is required to maintain two committees: the Finance Committee and the Covenants/Violations Committee. Neither is set up at this point, the latter is a requirement of Florida Statutes and no Board Member or their spouse may sit on that committee.
14) I do expect that our office staff will continue to be pleasant and work with all unit owners in an honest and professional manner.
Every time I think of this new Board, all I hear is the theme from Star Wars, where the emperor with the bad hair who has been hiding in plain sight emerges as the leader of the DarkForce all grizzled and wrinkled, along with his clones and evil minions and faithful sidekick Darth Vader.
Submitted by Bryan Sklar
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