THE FACTS ABOUT THE VENTNOR B LAWSUIT --

AS SAD AS THEY MAY BE!

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

Published December 3, 2009

  

After the article "If you lived in Ventnor B, you may never go home again!" was published in The Pelican Newspaper rumors were flying through the CVE community in Deerfield Beach. Especially the leadership of the so-called umbrella corporations were trying to explain away what this lawsuit is more or less all about: INCOMPETENCE OF THE PEOPLE WHO ARE SUPPOSEDLY LOOKING OUT FOR THE WELFARE OF THE RESIDENTS AND OWNERS IN CENTURY VILLAGE.

   

The LAWSUIT (CLICK HERE FOR SIGNED COPY) filed by VENTNOR "B" CONDOMINIUM ASSOCIATION, INC. and Ross Gilson individually as Putative Class Representative names THE PLASTRIDGE AGENCY, INC., CONDOMINIUM ORGANIZATION OF CENTURY VILLAGE, INC. and CVE MASTER MANAGEMENT, INC. as defendants.

   

The main allegations made in the lawsuit filed in the Circuit Court Of The 17th Judicial Circuit In And For Broward County, Florida on October 26, 2009 by attorneys Suzanne Weiss and Joseph Garrity are plain and simple:

   

ALLEGATIONS APPLICABLE TO ALL COUNTS 

 

10.      CVE and COOCVE, without any known proper authorization, took over the duties of obtaining insurance for the individual associations found at Century Village East in Deerfield Beach including without limitation Ventnor B. 

  
11.      On or about January, 2005, an aggregate package of insurance policies, 
including a Southern Family Property Insurance Policy, Number CNP3003169 (the "Policies"), was issued through PLASTRIDGE, as the insurance broker, insurance agent, or both. The policies were purchased by COOCVE and invoiced by CVE, naming Plaintiff, Ventnor "B" (and all other similarly situated associations of Century Village East) as named insured.

   
12.     The Policy, which contained a 90% co-insurance provision, did not provide for payment of full replacement value or "MIRV" (Maximum Insurance Replacement Value) for sustained losses, notwithstanding that Ventnor B's Condo Documents (as was the case with all Century Village East Associations) required same to be covered under any policy of insurance purchased on behalf of the Association. 

  

In my opinion there are actually no excuses for this total breakdown of fiduciary duties-- and the Ventnor B owners have surely suffered enough. This paragraph of the lawsuit really says it all:

28.     The reckless acts and omissions of Defendants by and through their officers and directors and/or agents were committed in bad faith and in a manner exhibiting wanton and willful disregard of human rights, safety, or property, wherein "MIRV" was the actually level of insurance required on the property.

   

Make sure that you read not only the actual lawsuit but as well the EXHIBITS (starting on page 14 of the copy of the lawsuit). They are eye-openers!

   

Stop listening to the rumormongers among the CVE owners who are trying to make the whole disaster look trivial. The incompetence is just too obvious!

  

Listen to the responsible citizens that are trying to help the owners in Ventnor B by organizing a fundraiser to financially support these poor folks who were treated like dirt by the people who were supposed to look out for them.

  

A local eatery -- Shelby's Kitchen and Deli -- is actually holding a FUNDRAISER on December 9, 2009 and will donate 15% of the guest checks to help these homeowners who are left HOMELESS SINCE 2005. Private donations would be welcome as well (SEE FLYER!). The people in charge who caused these unit owners to be homeless should be ashamed that fundraisers are needed to help these poor elderly folks! It was the responsibility of the DEFENDANTS IN THE LAWSUIT to avoid this disaster. Maybe the neighbors can help where the CVE leadership failed! 

  

Ross Gilson and Faye Adam are fighting hard to help the owners to return to their fully restored homes. They surely deserve everybody's full support!

  

Faye Adam, board president of Ventnor B, is frustrated about the lack of support and the fact that some of their neighbors are still homeless after more than four years. She wants other condo owners to know that the same could happen to them as well. "You do everything you are supposed to do, pay all the dues you are required to pay -- and still end up homeless. If any owner wants to know how it was -- and still is -- like to walk in our shoes, just insert your association in place of Ventnor B and the whole convoluted horror emerges!"

   

This is another sad chapter written in this retirement community in Broward County -- a community that has seen its fair share of dictatorial and/or incompetent leadership.  All boards in the community should quickly check their insurance policies and make sure everything is fully insured and there will be no serious financial shortcomings in case of a casualty.

  

Otherwise the DREAM HOME in Florida can quickly turn into a nightmare, like it did for the owners of the units in Ventnor B.

  

For all the owners in these retirement communities, the Ventnor B example may be a lesson to learn: Don't elect folks to leadership positions who have the biggest mouth and can scream the loudest; rather vote in the folks who do their homework before opening their mouth. 

  

YOU MAYBE MUCH BETTER OFF WHEN YOU FACE A CASUALTY!


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