Grand Vista - Owners Plan to End Corruption, Deception, Censorship and Threats

 
Published December 9, 2003

HIALEAH GARDENS, FL  - Hundreds of upset unit owners at Grand Vista Condominium gathered in protest to remove their board of directors and property manager in hopes of ending the corruption, deception, censorship, threats and unlawful activity they have endured for over seven years at this condominium.  Over $359,161 has disappeared from their Association reserve funds.  A board meeting to approve a special assessment this evening quickly turned into an intense public demonstration and an organized plan to remove the current board of directors and property manager.  The property manager, Jose O. Garcia of  J & M Condo Management of Miami, FL announced that since there was no quorum of directors, there could not be a meeting.  Owners were outraged wondering why all board members were not present at what was to be the most controversial and important meeting the members have ever had.  “We want answers,” hundreds of distressed unit owners demanded.  To keep emotions in check, nearly one third of all the city of Hialeah Gardens police officers on duty responded to the scene this late Friday evening.  Last month a fine in excess of $50,000 was imposed by the Department of Business and Professional Regulations (“DBPR”) on the Association for voluminous violations of Chapter 718 of the Florida Statutes by the current board.  In a consent order agreement made with the DBPR, the Association agreed to approve a special assessment to collect the money for the fines from the individual unit owners.  The board of directors, however, did not approve the assessment.  Instead, board president Eliecer Cuadrado announced that the Association would appeal the fines; fines which had been imposed because of utter irresponsibility or blatant malfeasance on the part of the board. In an attempt to diffuse their responsibility, board members blamed unit owners for these fines because unit owners had reported these violations to the authorities.  Despite being informed by the DBPR that the allegations made by the unit owners were not unfounded, Cuadrado distributed at the meeting a document which contained the name of one such unit owner who allegedly reported some of these violations. Cuadrado stated that he wanted everyone to see who had made the complaints that caused this astonishing fine.

            In what is probably the biggest fine ever imposed by the DBPR on a non-developer owned condominium in Florida’s history, last month an investigation determined that amongst many other violations, the Association left 282 unit owners without insurance; the Association spent thousands of dollars for non-common expenses; they reimbursed two current board members for non-approved expenses such as gas, jury duty parking, car repair parts, personal credit cards, grocery items, purchases at Home Depot, etc.; they reimbursed a unit owner over $10,000 for un-approved repairs to the inside of his unit and paid him for hotel lodging while his unit was being repaired.  Unit owners have not obtained financial reports in several years and have been unable to inspect the financial records.  The Association holds elections at whim when they deem it convenient or when they are warned by the DBPR or their attorney.  Despite the lack of financial disclosure and problems with elections, unit owners have obtained notice to pay three special assessments this year.  Just days before the meeting, unit owners called the offices of State Representative Ralph Arza (R-102) to report that garbage and waste left all over the property was in deplorable condition and could soon become a health hazard.  Garbage was overflowing the parking lots and the hallways of this large community for several days.  According to Waste Management Inc., the waste removal company that services this condominium, the Association was behind three months on their payments and owed them approximately $9,000.

            The Association posted a notice of meeting indicating that they were not in agreement of an assessment to pay the civil penalties.  Using Gestapo-like methods the Association's notice warned that they would be providing the first name, last name and unit number of the unit owners who complained to the authorities and caused the $50,000 fine.  Employing methods of intimidation more prone to mafia-era times than to modern-day America, the Association hoped to silence the discontent among unit owners and discourage any further complaints.  Hundreds of people arrived at this meeting expecting to see the financial information and learn about the violations.  What was intended to be a board meeting to approve yet another special assessment, soon turned into a call for action for the association members. State Representative Julio Robaina (R-117) who is chairman of a committee formed to study the state laws that govern condominium and homeowner associations had been invited by concerned unit owners to attend the meeting. Upon hearing the charges made by the board members who accused certain unit owners of causing the fines, Rep. Robaina addressed the crowd of upset owners and explained that the violations had been as a result of several serious investigations conducted by the DBPR, which had determined that the association was not in compliance with state law. 

            It was clear at this meeting that the board members and property manager were unwilling to take responsibility for these fines, which were all imposed for violations which took place during their administration.  Board members avoided answering direct questions about the finances, at first saying they could not answer the questions because there was no quorum, then because they did not know the details of the violations, then because they had not obtained the monthly financial information from Garcia.  Garcia demonstrated a revised agenda and said he could not talk about anything which was not on the agenda, which only he had a copy of.  In what seemed like Moe, Larry and Curly pointing at each other for blame, this meeting was no slapstick. Garcia indicated that his management company had given the information to one of the Association members. Then in what appeared a total disarray, one board member pointed at another, and so forth.  Cuadrado who first indicated that he had not received any financial report then later contradicted himself by saying that he had planned to purchase a photocopier to duplicate the financial statements, but had been told by the property manager that it was illegal to distribute the monthly financial statements he had provided Cuadrado.  Upset grew amongst unit owners, when they discovered that they were being deceived.  Garcia said he had never told the Association that it was illegal, just too costly.

            At this point, untrusting unit owners began to shout, “Let’s get rid of them!”  Hearing the screaming crowds, Representative Robaina explained that unit owners had the option of recalling their board members.  A motion was made and seconded to conduct a meeting the following Friday at 7:30 pm with the purpose of commencing a recall process and gather the necessary signatures on appropriate recall forms.  Still some unit owners wanted to oust the board members and property manager right then.  Several unit owners expressed that they had been victimized by the Association and property manager when they made these complaints.  According to Julia Delatorre and Eddie Hernandez, both unit owners who made complaints of this harassment to the DBPR, the Association placed illegal liens, erroneous charges on their accounts, and threatened them with foreclosures and other threats for no other reason than the fact that they had requested the financial documents of the Association.  Martha Rodriguez reported that she had been threatened with arrest for no reason by the Association Vice President, Mr. Manuel Carrera Jr., a paralegal employed by the City of Hialeah Gardens Police Department, but who is himself not a police officer.  Robaina informed unit owners that the State would not condone these types of threats and urged anyone who felt that they had been victimized by this Association after submitting a complaint to report this illegal activity to the state authorities.  Hernandez previously sent a complaint for this unfair collection harassment to Andrea Foster, Director for the Federal Trade Commission on January 2, 2003 because the Association billed Hernandez over $450 in late fees for no reason on December 13, 2002, the same day he was refused access to inspect the official records.  Hernandez alleged in his complaint that he did not owe the Association any money, yet he was harassed with bogus bills of up to $1,100 after he reported this illegal activity to the authorities.  A letter from Hernandez’s attorney, Donna Rice Owen, Esq. dated April 15, 2003, warns of violations of the Fair Debt Collections Practices Act, (FDCPA) and points out that according to the condominium bylaws, the Association does not have the authority to charge a minimum late fee, when unit owners fall behind on their assessments.  Six months ago, Hernandez presented evidence of these violations and the threats and harassment he had been experiencing to Assistant State Attorney, Frederic Kerstein.

            Unit owners will reconvene next Friday to determine the fate of their Association.  Rick Valdez, staff member for Rep. Arza, who was also present at this meeting, indicated that the offices of Rep. Arza had been in contact with the offices of the DBPR and had requested that someone from the Division be at this meeting to explain these charges.  In an effort to regain control of their runaway association, unit owners of Grand Vista Condominium in Hialeah Gardens will meet once again on Friday, December 12 at 7:30 pm. Concerned unit owners will discuss the possibility of recalling the current board, which has shown utter incompetence and blatant disregard for the law. Realizing that this board has jeopardized the homestead of their families they will seek an action plan to take back their community and investigate where the missing funds have gone.

www.grandvistacondo.com 

For a list of violations, please visit:  www.grandvistacondo.com/violations