SHUT UP -- OR BE SUED! ESSEX TOWER CONDOMINIUM ASSOCIATION, INC.

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

June 26, 2006

Let's just say: Here we go again!

A condo owner who dared to differ from the board's approach on certain issues gets sued by the law firm to shut him up. Freedom of speech? Not in these associations! Remember when another one of these "specialized association attorneys," Steven H. Mezer, claimed that

association declarations of rules and regulations supersede even constitutional rights? Homeowners hear all the time that they have supposedly signed away their constitutional rights at the gate. See the big New Jersey lawsuit dubbed "The Battle at Twin Rivers".

In this case we are dealing more with the issue that a condo unit owner feels that the board didn't fulfill its fiduciary duty to hire a licensed contractor! According to my information, a police report states that the association was fined $500 for removing a stop-work-order sign from the entrance. Most likely the stop-work order had been issued because the board hired a contractor who failed to have the necessary license. Libel and abuse of process worth a lawsuit?

Just read yourself!

Isn't it understandable -- and even doing the right thing -- if a condo owner is concerned about the way his money is spent -- or wasted -- on a contractor without a license? We have seen many condominiums suffer serious financial losses because boards failed to confirm that the contractors that they hired had the necessary license. Ever try to get an unlicensed contractor do warranty work?

The lawsuit tells one side of the story, but it may ignore the actual facts?

There is definitely a lot more going on behind the scenes than all parties involved are willing to disclose. But whatever else may be involved, this kind of lawsuit is really not the solution. And why do we see these problems and lawsuits always popping up in associations where certain attorneys are representing the board?

In my opinion, these kinds of lawsuits are filed for the purpose of shutting up opponents who don't agree with the way the board does business. Most of these lawsuits end nowhere -- only wasting everybody's money in attorneys’ fees. But that is actually the reason for filing these lawsuits: Even if the lawsuits may lack merits, they still cost the defendant money to defend the "allegations." And they create a threat that can be used in the future against other "dissidents" who might not agree with the board's politics?

So it goes: "Remember when we sued Joe Unit Owner from # XXX? You know how much it cost him to defend the lawsuit we brought against him, even if it was actually frivolous and ended nowhere? If you don't stop publicly opposing our way of doing business, or even dare to file complaints with government agencies -- right or wrong -- we will sue you as well -- just for the heck of it!"

What did the board neglect to mention to the owners? Just a few facts:

"If you fail to question our actions and our business practices, you may still have to pay! We might have to levy a special assessment to repair the shoddy work of the unlicensed contractor we hired in the first place, when we didn't want to listen to your concerns! So, just let us do our business. Your job is just to shut up and pay up when we tell you to!"

ANOTHER KIND OF SLAPP SUIT?

IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY. FLORIDA

CASE NO. 06-10224

ESSEX TOWER CONDOMINIUM

ASSOCIATION, INC., a Florida

not-for-profit corporation,

Plaintiff,

MARK JOHNSON,

Defendant(s).

COMPLAINT

Plaintiff, Essex Tower CONDOMINIUM Association, a not-for-profit Florida corporation (hereinafter "ESSEX TOWER"), by and through undersigned counsel, files this Complaint against the Defendant(s), MARK JOHNSON (hereinafter "Defendant(s)"), and alleges as follows:

1. ESSEX TOWER is a Condominium Association, organized pursuant to the provisions of the Declaration of Condominium of Essex Tower Condominium and Chapter 718, Florida Statutes, for the purpose of administrating the property within the community known as Essex Tower Condominium.

2. The Defendant, who is over the age of 18 years, is sui juris, is not in the Armed Forces of the United States, and is the owner and resident of a Unit located in Essex Tower Condominium Association.

3. ESSEX TOWER, is a Florida not-for-profit corporation, and does business in Broward County, Florida.

4. All conditions precedent to filing this cause of action have been waived, occurred or performed.

5. ESSEX TOWER is a Condominium Association responsible for the maintenance and operation of the property known as ESSEX TOWER, a residential community in Broward County, Florida.

6. The activities giving rise to this action occurred in Broward County, Florida, thus making venue appropriate.

7. During the past eight (8) months, the Defendant has repeatedly filed frivolous complaints against the Defendant with the Division of Florida Land Sales, Condominiums and Mobile Homes in an attempt to have the Defendant cited for various violations of Florida law.

8. Based upon the frivolous actions of the Defendant, the Plaintiff has had to unnecessarily incur expenses to defend the complaints.

9. 9. The Defendant's actions are intentional and for the purpose of harassing the Plaintiff.

COUNT I

ABUSE OF PROCESS

Plaintiff, ESSEX TOWER, repeats the allegations contained in Paragraphs I through 9 above.

10. The Defendant made an illegal and improper use of process.

11. The Defendant had an ulterior motive or purpose in exercising the illegal and improper process.

12. The Plaintiff has been injured as a result of the Defendant's actions.

WHEREFORE, Plaintiff demands judgment for damages against the Defendant, plus costs.

COUNT II

LIBEL

Plaintiff, ESSEX TOWER, repeats the allegations contained in Paragraphs 1 through 9 above.

13. On May 22, 2006, the Defendant wrote and published a letter to the Essex Tower Membership. A copy of the letter is attached hereto and incorporated herein by this reference.

14. At a meeting held on May 23, 2006, the Defendant admitted that he wrote and published the attached letter.

15. The statement published by the Defendant is about the Plaintiff.

16. The statement published by the Defendant about the Plaintiff is false.

17. The Defendant knew or should have known that the statement published to third

parties was false.

18. The statement made by the Defendant was published to third parties.

19. The falsity of the statement made by the Defendant caused injury to the Plaintiff.

20. The false communication published by the Defendant has exposed the Plaintiff to distrust and ridicule in the Community.

21. The false communication published by the Defendant has harmed the reputation of the Plaintiff as to lower the Board members and management in estimation of the Community.

WHEREFORE, Plaintiff demands judgment for damages against the Defendant(s), plus costs.

COUNT III

INJUNCTIVE RELIEF

Plaintiff, ESSEX TOWER, repeats the allegations contained in Paragraphs 1 through 9 above.

22. If the actions of the Defendant are not stopped, the Plaintiff will likely be irreparably harmed.

23. Based upon the Defendant's actions, there is no adequate remedy at law.

24. Based upon the Defendant's actions there is substantially likelihood of success on the merits.

25. An injunction against the Defendant will serve the public interest in the Community.

WHEREFORE, Plaintiff demands and injunction against the Defendant(s), plus costs.

DATED this 8. day of June, 2006.

ROBERT KAYE & ASSOCIATES, P.A.

Corporate Park, Suite 103

6261 N.W. 6th Way

Fort Lauderdale, Florida 33309

(954) 928-0680

By: SIGNATURE

Deborah Sugarman, Esquire

Florida Bar Number: 0982172

LAW OFFICES

ROBERT KAYE & ASSOCIATES, P.A 6261 NORTHWEST 6TH WAY - SUITE 103 - FORT LAUDERDALE. FLORIDA 31309

TELEPHONE (954) 928-0680

THE LETTER IN QUESTION:

May 22, 2006

To: Essex Tower Membership

There have been several inquiries to the notice posted on the front lobby door from the City of Fort Lauderdale's Building Department. This notice was posted because after receiving a complaint that the shutters were being installed to the common area of the building without a permit, a Building Department inspector came to Essex Tower to investigate. The contractor hired to install the shutters did not have permits to begin the job. The Building inspector posted a Stop Work Order on the buildings which was quickly removed by the building manager and president of the board of directors. Shortly thereafter the inspector returned to find the order removed and work had resumed. The inspector also found that this contractor did not have a license and insurance, and could not legally perform work in the State of Florida.

The Board of Directors and the licensed building manager knowingly allowed an unlicensed contractor perform the job and take $2,300+ deposits from dozens of unit owners to have shutters installed in their units. Broward County and the City of Fort Lauderdale have charged the contractor with five counts and will charge him with felony grand larceny, the most serious charge, if he does not return the money to us. Any work that has already been installed and will need after-the-fact permits (for double the permit fee), must be inspected by a City Building Inspector and if it doesn't meet the Florida Building Code, will have to be removed at your expense for your individual unit, and all of our expense for the common areas. Obviously the building will not meet the deadline to install hurricane shutters before the hurricane season begins and our insurance is now in jeopardy of being canceled.

If you want to know why your board of directors and licensed building manager decided to put all of us at risk if the shutters don't withstand hurricane force winds and great financial loss you must attend the meeting scheduled for Tuesday, May 23^rd at 7.00 p.m. in the Sunset Room. You must demand answers. You should also ask why the recently installed roof was installed without permits. Will it withstand this hurricane season?

There is no way of knowing since the City of Fort Lauderdale Building Department did not check if the contractor was licensed, the materials met code, that the contractor carried the required insurance, and they did not inspect the final installation. All of these steps are done only when a permit is applied for, which it was not.

This is your building, your home and your money. It is up to you to involved.