CAM RULES HIS "OWN" HOMEOWNERS' ASSOCIATION

An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.

Published September 10, 2007

What would you do if you are a homeowner who lives in a depressed community where a revived homeowners' association was supposed to put new life into it, but all residents got were foreclosure threats and potholes? (Home, Sour Home)

What would you do if you are a homeowner who got a favorable ruling from a judge stating (quote): "Finally, it is clear that the Association is merely a sham which does not exercise any authority and acts solely at the behest of the management company. Accordingly, Plaintiff has unclean hands in this lawsuit."

What would you do if you are a homeowner who knows that the deed restrictions of the community have expired quite a while ago, but you still see liens filed against your neighbors' homes and families losing their homes to foreclosure for unpaid dues? The Department of Community Affairs confirms that attorney Maritza Betancourt attempted to revitalize the deed restrictions on request of the community association manager without success, because the necessary documents couldn't be produced and that another attempt to revitalize was never made. Wonder why?

What would you do if you are a homeowner who sees election announcements mailed out, limiting the open seats to one because of "staggered terms,” when during a court hearing nobody -- not even this CAM -- was able to name the directors? Quote from court ruling: "Mr. Dugger testified that the Board Members do not actually do any work, but rather, all duties are delegated to the management company. Indeed, the Board's own President has no idea who her Board Members are or what procedures are being followed."

What would you do if you are a homeowner who sees election announcements only mailed out to the neighbors who might vote favorably for the CAM , eliminating all other owners under the pretense of "not in good standing”?

What would you do if you are a homeowner who lives in a community that has been promised fair elections monitored by County Commissioner Barbara Jordan, who makes big promises but is nowhere to be seen when it counts?

Quote from the Miami Herald in the article: Homeowner associations have few places to go

"Robert Dugger, the property manager for Miramar Gardens, assured The Miami Herald that the association would hold proper elections in early June. County commissioner Barbara Jordan said she would monitor them."

E-mails and telephone calls reminding Commissioner Barbara Jordan of her promise were left unanswered and she was a no-show -- as expected! Another politician who is all talk, but no action!

Meanwhile, you might wonder who the community association manager is who seems to own this homeowners' association?

None else than Robert Dugger Sr., former North Bay Village commissioner, suspended by Governor Jeb Bush after being arrested on felony charges (Official suspended by Gov. Bush -- Miami Herald 12/18/2003), who does business as Timberlake Management (also known as the Timberlake Group).

[Read as well Thug Meets Pug ]

Dugger has among homeowners the dubious reputation as the CAM with the most complaints filed against him with the DBPR (SEE DBPR LIST). But what good does it do, if the DBPR fails to follow up on serious complaints -- a very serious complaint filed in 2002 is still "under investigation."

Two communities were unwilling to wait for the DBPR -- their finances didn't allow them to wait for years for a decision from the DBPR.

SPANISH TRACE CONDOMINIUM ASSOCIATION, INC. needed an election supervised by an election monitor to elect a new board whose first action was to ax Robert Dugger and the Timberlake Group, after Dugger used his own stationery to campaign for one slate of board members over another.

The changes in the FERNWOODS LAKEVIEW CONDOMINIUM ASSOCIATION #1, INC. were more drastic. A recall of the board allowed the owners finally to get rid of Robert Dugger and his "management company."

His wife, Rachel Dugger, not to be outdone by her husband, was first fined for unlicensed activity, then obviously got a license as reward for breaking the laws, and was fined again for more violations. (SEE LIST DBPR)

So -- what would you do if you are a homeowner who lives in such a community where a CAM took over control and the dues forced out of the homeowners seem to disappear into nowhere? And the government agencies supposed to protect you totally fail you and your neighbors?

Send first the kind of letter below,

then plan another tea-party -- like in 2003?

September 5, 2007

Dear Mr. Dugger & “Members of Board”:

As per the so-called “election” on September 4 2007, I would like to mention that this action was totally fraudulent and neither you, Mr. Dugger, nor the so-called “board” had any authority to hold this “election.”

As you are extremely aware, the declaration of Miramar Gardens has been extinguished and you have no authority to continue collecting any assessments nor holding illegal elections to scam the homeowners from their money or properties.

As I mentioned before on the letter that I sent to the board of directors, I request that you send out notices to all homeowners to stop paying this illegal assessment that this extinguished association continues to collect.

And stop all processes in court, unless you have documents that will prove the association has been legally revived and you contact me immediately to review the documents.

I don't know why I have this feeling that you totally ignore the law maliciously but under the supervision of an attorney. I don't know if you think that you could continue getting away with every illegal thing that you do.

By the way, no one in the community has any idea who the so-called “board members” are, since you, Mr. Dugger, continue to act as if you are a board member and the only board member.

The only reason that I write is to keep you informed of the violations. Because you have copies of my letters, you cannot say I did not know what was happening here.

Mr. Dugger, you as a licensed manager should be aware that it is a crime to violate the law and to induce others to follow you.

Again, I will request you to stop collecting all payments or I request for you to set an immediate date for me to review and copy any legal document that revived these association documents.

I know your excuse always is that I am not a paying member, but I don't see anywhere in the law or in our extinguished declaration and extinguished bylaws that you have the authority to ignore any violation simply because you receive a letter from a homeowner that refuses to pay an illegal assessment. Your responsibly is to follow the law and to stop violating it at once.

I would also like to ask you to advise Ms. Claudette that since she is the so-called “president” of the illegal association, she has the duty to receive any and all mail sent to her from a homeowner.

So please govern yourself accordingly.

Stop collection or contact me to review the records at once.

TAIMIRA PEREZ

21459 NW 40 CIR. CT.

MIAMI , FL 33055

Certified Copies:

cc: Mr. Kenneth Walton

cc: DBPR. Jessica Leigh

cc: Donna Gehrke-White

What else can you do when the government agencies fail you, but you don't have the funds to protect yourself against a CAM who created his own kingdom?