JUDGE,
JURY AND EXECUTIONER! (50 Minutes -- 31 MB) |
Just
An Opinion By Jan Bergemann Published December 12, 2007
If you haven't had your daily laugh, you should listen to the tape of what was called the “recall meeting” at the Playa del Mar. It was The Randall Roger Show! But it sounded more like a sit-com than an honest meeting.
Betty Cholst, a retired attorney, should have known better than adding her name as a "unit-owners representative" under such a petition. But once the reputation is anyway destroyed -- who cares? And Keith Tannenbaum, community association manager -- who amazingly still has a CAM license -- was up to his old tricks, trying to prevent board members from looking at voters’ certificates, important for a decision to certify a recall. The good news for the owners in Playa del Mar -- It was announced that Keith Tannenbaum is soon leaving his job! Now we all had our say and made our personal opinions known, let's get back to the facts: This recall was of great importance for Robert Boffa to keep his title of board president. He still doesn't acknowledge that this is just a title. He still only has one vote as a board member -- as does every board member! With the board split 3:3 (one board member passed away recently) Boffa’s decision-making power was seriously endangered. Example: Attorney Randall Roger! There was no board vote to hire him, and there was no board vote to ask him to chair the recall meeting. Boffa just ordered it without even considering to ask his fellow board members. Boffa still hasn't realized that he is NOT the CEO of the Playa del Mar. If I were a member of this board, I would demand that Boffa himself pay for the services of Randall Roger. Boffa ordered Roger to do his bidding to pursue his private agenda! But
the DBPR arbitration section is normally not looking too kindly at these
kinds of shenanigans. Roger has to get a final ruling from the DBPR to
remove Mark Stern from the board. Reading
the statutes and interpreting them the way Roger wants it doesn't get
Stern off the board. The most notable case where the DBPR demanded the official filing of recall arbitration despite no timely meeting being held was the case of LAKE PLACE CONDOMINIUM ASSOCIATION, INC.
Here an attorney "opined" that no recall meeting was necessary because he considered the recall petition faulty. The unit owners, quoting the default provision in FS 718.112(1)(j)2., were clearly told that they have to file for arbitration, especially if the recall is disputed. No default ruling here! The Chief Arbitrator's reason: Safeguard against dubious recalls conducted in bad faith.
Actually, the unit owners won -- proof how much an attorney's opinion is worth -- but not because the board failed to hold a timely meeting, but because the recall procedure was flawless!
I guess that's a verdict we will not see in this case, because the three board members comparing the petitions found nearly 50% of the 207(?) served seriously defective. Since minimum 186 valid petitions are needed, it's pretty obvious that this recall fails if conducted properly! Boffa's only chance to win this recall and regain the power on the board was by using sneaky tricks like not showing at the recall meeting and having his attorney make the point that the default rule is valid and Mark Stern is removed from the board effective immediately. If you listen closely, Roger clearly avoids saying that he just quotes his opinion. He always makes it sound like his words are law!
The serious flaw with this reasoning: Roger has no power to make a ruling. His quoting of the default provision doesn't remove Mark Stern from the board! The only ones able to legally remove Mark Stern from the board would be the DBPR Arbitration Section. And, as different arbitration rulings show, they are not inclined to issue a final ruling without looking at the actual facts.
Randall
Roger forgets that he is just an attorney and not judge, jury and
executioner. With all due
respect, his interpretation of the
Roger's opinion is about as good as mine -- we are all allowed to have opinions, I guess -- but the only entity with the power to make decisions is the DBPR Arbitration Section.
So I guess all parties would be well advised to file for recall arbitration with the DBPR and await the outcome of the arbitration process . Even Randall Roger's smooth talking at the recall meeting doesn't change that! Why would Robert Boffa like to get rid of Mark Stern? If you haven't figured it out yet, please listen to Mark Stern's presentation at the Condo Ombudsman's ANNUAL ROUND-UP on December 8, 2007. |