Removal of The DIRT

Earlier I had created a space on this BLOG for the angry and accusatory emails that have been traded in the community. In a disclaimer page that preceded those postings I included the following thoughts:

"I have hesitated to include them for the following reasons:

• there are a number of personal attacks 
• there are pervasively negative tones
• there are obviously slanted presentation of events 
• there are claims of "fact" that are either lacking in verification, or just seem questionable

In spite of my hesitations, I have decided to publish the emails that have been made publicly available through mass emailings, paper mailings, and/or paper distribution at BOD meetings, so that TAJ owners can get some idea of the high level of discord that exists between individual BODs, between various members of the community, between individual BODs and various members of the community, and between almost everyone and the property management."

I tried to make it as safe as possible by taking several steps to make it difficult to stumble across, and by including a heavy disclaimer that had the implication that much of what was included was not factual. Even after these measures, I am still unable to feel comfortable was such vehement accusations, without solid factual basis, being available to the general public in such a way that it might damage people's reputations.

For that reason I have decided to remove The DIRT from this BLOG. I am still going to post whatever is openly distributed at BOD meetings and mailings throughout the community. And I am still willing to post opinion letters upon request. But for now, The DIRT is gone.

I gave it a try. I have learned something about myself.

A Unit Owner's Open Letter Response to an Open Letter Challenge

The following from unit owner Michael McNicol is a response to Mark Morgenstern's open letter challenge to the community.

Open Response: 

I’ll keep this simple, and based on fact. 

Concerned unit owner, Mike McNicol, 

demonstrating that he has a sense of humor.

I also protest the current email, blind copy campaign. We put new leaders in place to gain transparency, and have nothing to show for it, and feel less and less information will be shared with the community. 

The board has previously budgeted for an audit for several years, which is not only required by state statute, but is also a minimum standard for all business who are fiscally sound. 

This annually required audit hasn’t taken place in at least 4 years, by your own admission, on the record, at a board meeting. 

The “funds” from the previously budgeted audits, that never happened (by your own admission) should more than  support a forensic audit which at this point, the majority of the community feels is NECESSARY. 

Please explain where these funds went, and if they are still available. 

You asked us to put our money where are mouth is, were asking you to use your mouth and tell us where our money goes. 

May I remind you of your fiduciary duty to the owners of this association, who feel, see, and live the lack thereof.   

Sincerely, 

Michael McNichol

One Unit Owner's Open Letter Challenge to Other Unit Owners

A LETTER TO ALL TAJ RESIDENTS

from Mark Morgenstern

    Good day, I am writing this open letter not as a BOD member, but as a Home Owner living at TAJ. I pay my monthly charges just like everyone else. I do not want to pay for items not needed. We have all been bombarded by E-MAILS, NOT SIGNED, (there must be a reason, for not signing them?) The owner of this Blog reads before releasing, and will only send out correctly signed letters, or e-mails!

Unsigned emails leads to no responsibility! You can e-mail half-truths, made-up stories ( The National Enquirer has been doing this for years, If you believe in Flying Sources, OKAY), false information, or just plan LIES.  You can keep sending as often as you want, print anything you can think of -- with so much muck who would know the difference between a half-truth, and a half-lie. People love to hear and listen colorful stories, and people that tell them lies that they want to hear. But an old saying is "Be careful what you wish for! It may turn out to be some- thing else, and then it is too late!!"

There has been a lot of talk and roar about a FORENSIC AUDIT!  E-mails flying “Some members of this BOD are afraid of an Forensic audit.” “The old Board stole money” “They are guilty of crimes & must pay” “They are afraid of an audit!” “They are blocking us for making this happen” Hang them at once”!  All great hype! Let us set the record straight!  NO ONE ON THE BOD HAS STOPPED ANY AUDIT; FORENSIC OR OTHERWISE. ANYONE SAYING OR PRINTING THE FACT IS A LIAR..ONE MORE TIME, A LIAR.

Anyone who attended the last BOD meeting saw that one board member brought this project to the floor. Having a FORENSIC AUDIT done at TAJ. He was asked many questions, for which, at that time he had no answers. The questions were: Does the accounting company have a license to do this type of FORENSICE AUDIT? Please remember TAJ is not the usual type of community. What years do we want audited? What would be the total dollars evolved? How would payments be made? What is this company’s background, & others? To be answered at a later BOD meeting. THIS PROJECT WAS NOT DENIED! WAS NOT TURNED DOWN! WAS NOT DISMISSED!  That is the truth, and ANYTHING ELSE IS A LIE. 

Now, I have a great idea. This project may cost $10,000--$20,000 -- maybe even close to $100,000 -- who knows. If there are so many Homeowners at TAJ that want to assess us all, then let them stand up and say so and put their MONEY ON THE LINE! Let these Homeowners sign a legal contract to the effect that if the end result of a FORENSIC AUDIT proves NOTHING WENT AMISS, and NO CRIME WAS COMMITTED, then they will pay the cost of the audit and those unit owners that did NOT sign on will not incur the cost of it. 

I think that the unit owners that are anonymously complaining about the past BOD should PUT THEIR MONEY WHERE THEIR MOUTH IS.

Letter to TAJ Residents from a TAJ Resident

Letter to all of our TAJ residents……from Margery Morgenstern

Now that our last BOD elections have taken place, with four new Board Members being elected; it is time to look back at where we are as a community. I have been a renter, and home owner for over 23 years; these past elections tactics would rival even the worst that Chicago or New York had ever seen. Did anyone ever question the WHO & WHY of the candidates, or just take them at their word??

One candidate has a good job as a manager, excellent. One is a young comer who is told what to do by another, I get it, he’s her pup.

The third person is a prior board member who quit and never completed that term! But was on the Board when the worst Bank Loan was signed!!  That person’s “claims to fame”; was making the same speech throwing out: This Board is “stealing money’, hiding money; favoritism; using account tricks; mortgage manipulation; etc.  Did he ever show one solid proof of any evidence? NO NEVER! Did he ever answer a direct question with a simple Yes or No, he answered it with another question….A cheap trick!! He keeps yelling to bring in a Forensic Accountant to look at all our Books. Bring them in, bring in two; make sure we all know the cost of upfront! For they will find nothing wrong; all the accounting is up front; with nothing to hide.

The fourth person earns that living as a Real-Estate Broker; buying and selling real-estate; town-houses; homes; at the lowest cost possible and selling/flipping them at a profit!! And now you put this person where critical home information is available; at TAJ! Where are they going to spend the 28 to 40 hours per week to the BOD business? Do you know that there is an ongoing liable suite taken out by the Association against this member?  Find out why; ask questions at the next BOD meeting. Find out why this person had fines levied by the association. There is a possible Federal Mail Fraud charge being sought against this person! Ask questions. Don’t be led astray with by Quote:::: BIG MOUTHS YELLING AT BOARD MEETINGS. Roberts Rules of Order was put in place for a reason. Learn what they are! The rules are there for your protection; don’t let a group “Rail-Road” this community.

Yes our TAJ DOC’S have to be brought up to date, they are quite old. Do not be fooled if the new Board will want to take credit for coming up with this idea; it has been in the works for some time. Many times there is a more important matter in front that must be taken care of first.

But people need to understand they were tricked to vote for someone to get on the board to stop her own lawsuit. That is a conflict of Interest in so many ways. She wants to hire a management company for this community. Our History knows – every management company has stolen from TAJ.. Is this what she wants??

Regards,

Margery Morgenstern

Open Letter to TAJ Unit Owners from BOD Member Mark Morgenstern

The following is a letter that came to be by email from Mark Morgenstern, a member of the TAJ Board of Directors, who asked that I post it online. I am happy to publish this letter, unedited, as it does not appear to contain any direct attacks on named individuals, and the author clearly takes ownership of his remarks.

Let me also state the obvious, just in case anyone might get confused: just because I post someone's letter on this blog does not mean that I necessarily agree with the opinions, factual claims, interpretation of events, or philosophy of the author of the letter.

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An open letter to all at TAJ from Mark Morgenstern          3/5/15

Good day, I will like to state a few facts. Within the past few months there have been many snide-remarks, rumors, false-hood, just plain lies, plus our-right Mail Fraud perpetrated, spread by mailing, e-mails throughout our community; no proof shown anywhere, just plain speculation!!!

Because of these issues, TAJ & its BOD has been put under a microscope and deeply examined by The Town of Plantation; The Building Dept of Plantation; Code-enforcement; The State of Florida; Dept of Professional Regulation; The Broward Ombudsman! The results turned out to be;… one needed letter to extend our Audit to the Community! Plus when we took the board, the audit was four- to-five years beyond; now it is two and before the year closed out; up to date. Did anyone do their research to see why we were so behind??? Because of all these issues & falsehoods more of your & mine Legal Dollars have spend; hours wasted that could have been spent to move forward. If you were at the last BOD meeting;  you heard one member bitterly complain about not being able to see old minutes they wanted and had to go to the Lawyers Office and was charged for getting these minutes. Number one; they were not charged; the building was charged. What the home owner wanted was the BOD minutes from 2005- to 2014, nine years! What she paid for was the printing; as normal. Number two; any results from reading all the minutes? I think not, or we would have heard from them! Every decision that was made at our BOD meetings was with one idea; what was the best for TAJ. Not for the Board, not for certain Buildings, as was done is in the Past;  But Do What Is The Best for TAJ!!!! ONLY!!!!

Now, a question is asked, why didn't the office print out Nine Years of minutes for them?  Many answers. One, there had been verbal threats made in the office by Home owners, there was major problems with Home owners going past the normal routine of Office Visits. Maybe the Office was responding to the many “Office Requests Forms” being PILED into the office, one on top of each other, each line, completely filled up. Never happened before; put now, something was going on. The office was being PUSHED.  There have been more than 7 full page requests from one home-owner with 9 to 10 line of information each;, from hand tool inventory to, complete roster of residents, wanted. Other homeowners followed suit. The Office was being buried under paper work……..Something was not right. May of these owners were new to our community; within the last 1-4 years!

The so called tried & failed Re-call of our new Budget……….many of these new owners did not understand or want to understand the simple rules we all live under. 

AT this upcoming election the DBPR was asked to oversee the procedure? All these new home-owners have never seen our election process. It is normal, with Lawyers present, very secure, & has never had a problem before. So why ask the DBPR to oversee? WHY, they don’t trust themselves. By the way, there were double signatures, (not-allowed), names just printed in, and a few extra wrinkles added. But they will be here! And they are welcomed; there is nothing to hide. O, I forgot something, who is going to PAY to have them here………We all are, what is an extra thousand $ of our money being spent!!!!! Didn’t we all want that!!!!

Many of us have seen the entire extra letter being sent to them. Not one but a whole slew of them!!! Only sent to certain people. Many sent with the return address as the” Townhouses At JACARANDA”.  WRONG!!!!.....They were never mailed by our Office staff or the BOD……Federal Mail Fraud? This is an open case still in process……………….Other issues, too many to go into…………WHY!!

Take a step back and look at all the facts………….All are true!......Within the upcoming election 9 candidates running, 3 are newcomers 1-4 years; One is an old board member, did not complete his time in office. Why would you remove the treasurer; (never been any legal, or money issues!), why you remove the people with the most knowledge within the two large Suits against the Contractors who caused these building problems?

We as a Board are very proud of our accomplishments; from the many disasters we were faced with on day one, & I will not beat up the past again, to what we will leave behind. Daily accounting, up to day, bills paid on time. Construction being done; permits being pulled and closed out! Working closely with the City and Dept of Building, in Plantation. There are still many problems over TAJ, and the City must see community that can work together, not be torn apart!!!!!!

Stop and think before X your ballot; it is your money, your community, do not give it away!!

THANK YOU…………Mark Morgenstern

A Response to Letter Mailed by TAJ BOD

The following letter is being posted here at the request of unit owners that received it via email on 5 Aug, and with the permission of the author Bryan Sklar. It is in response to a correspondence that was apparently mailed by the TAJ BOD.

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Mr. Lovell - I would appreciate if you are going to share my letter with the community that you do so in full, and without edits or changes. I don't like being plagiarized or misquoted.  While I am happy that you found some of the information in here useful, you changed the tone of the message to one that supports your activities.

Let me be clear - I think you should resign. I think you are immoral, that you behave in an unethical manner, that you are self-serving.

The Board acted - in my opinion - in an unethical and immoral manner when they allowed Wendi to remain on the board after she transferred title of her property. Basically John, you decided it was better to keep Wendi on the Board by giving her half of one of your units, then for the 6 remaining board members to step up and take responsibility.

You hired Wendi as the Property Manager, creating a potential conflict by having a unit owner and Board Member receiving compensation. The Board had a resolution many years ago that prohibited unit owners from working in the office - I believe you voted on this as well (it was when E [unit owner] worked in the office and was sharing information about JN [the property manager at the time] ).

Perception becomes reality - and the community perceives what you all did as underhanded, manipulative and deceitful.

John, you made a comment recently that you were concerned about why people were trying so hard to get on the board and their motivations - after 10 years on the Board that could be said about you as well. Isn't it time you resign, take care of your health, and let others be on the board? How many times has Building 1 been repaired in the past 12 years when you were on the Board?

If you cannot fix your own building right, where you owned 5 units at one time, how can the Association expect you to work in their best interests to fix their buildings? It's obvious from looking at Building 1 how bad a job you have done selecting contractors and fixing the problem.

Correspondence From TAJ BOD

This letter came in the mail on Saturday.  I was asked to post it on this blog. I did not write this letter.  I believe it to be factually accurate.  There is some additional information from the Property Manager that I will also be posting in the next day or two, when I get the time. 

A Letter From Paulette Watson, BOD Member

Hi all,
Tree trimming is underway for the next 7-8 days. Palms and some of the other trees will be cut. We tried to get started today, but with the rental company's delivery problem of flat tires, faulty working machine, unit owners cars in the way, and the rain, we couldn't get much of a start. We have hired temp help, 2 men, who will be working with Rob and Chris in getting this done and they will be working from tomorrow to next Tuesday or Wednesday, Saturday and Sunday included,depending on when the company picks up the rented equipment. Along with the cherry picker to reach the trees, we have rented a mulcher. This will help us dispose of the tree branches and has the added benefit of giving us needed mulch around our community's surrounding bushes and other places.

They started today on the west side (the cherry picker is difficult to move from one side of the community to the other, so they will work all of that one side to start. They will move to the east side to finish up what wasn't done there last month by next week, weather permitting.
Please note the importance of moving your cars out of the way if you recieve a flier indicating that they will be trimming on your buildings the following day or the day after that depending on the weather. We will not cut a tree if there is a car parked beside it to avoid any possible damage to cars.

Thanks a million for your help ( or maybe I should say thanks a thousand for the thousands we are saving with our staff doing this much needed trimming work),

Paulette Watson 14/03

An Open Letter to the Community: Leadership...Communication...Commitment

The following letter was submitted by a concerned TAJ resident.

Neighbors -

Recently we all got notice that we are going to have an election to fill 4 positions on the Board….again (didn’t we just go through this in March?). Like you I hope this time we get some people who are LEADERS, who can COMMUNICATE with the owners and contractors, and who can make a COMMITMENT for positive change in our community. There is no need for the Board to work as hard as they do – they need the right office staff, the right property manager, and the right contractors. There are many of you who come to meetings and have great suggestions for change – please volunteer and put your name in to run for the Board. We need fresh faces, new ideas, people who are motivated by their sense of duty to the community to lead us.

Our Board should have people who dissent and do not agree with everyone else – we need debate. We need free thinkers. We keep putting the same people on the Board over and over, expecting different results.

You manage “things”, you lead people – we need leaders.

If you won’t run, convince a neighbor to run. If there are bad people on the Board, let’s recall them and start from scratch.

Let’s put in term limits, so no one can be on the board for more than 4 years in any 10 consecutive year period.

Instead of building captains let’s vote in one person from every building (47 board members) who would then elect the 7 directors and officers – one building/one vote and equal representation – isn’t that what our country was founded on?

If not you – then who?

Thanks for listening.

Bryan Sklar

Submitted By Another Unit Owner Re Recent Events

Una traducción española está disponible en Web site: www.TAJWatchSpanish.blogspot.com

[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