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

Published December 11, 2006

Well-known Broward County lobbyist, Judith Stern, suffered another crushing defeat in court when the judge ruled in favor of condo owner Robert Aiello in a Partial Summary Judgment of great importance for the future direction of this ongoing lawsuit. 

Here are the orders of Judge Horowitz:

ORDERED AND ADJUDGED that the Plaintiffs Motion for Partial Summary Judgment as to Count III of the Fourth Amended Complaint is GRANTED in favor of the Plaintiff, Robert Aiello and against Defendant CMW Association. 

ORDERED AND ADJUDGED that the Plaintiff's Motion for Partial Summary Judgment as to Count IV of the Fourth Amended Complaint is GRANTED in favor of the Plaintiff, Robert Aiello, and against Defendant CMW Association. 

ORDERED AND ADJUDGED that the Amendment to the Declaration of Colonial Manor West Apartments Condominium, dated January 17, 1998, which was recorded April 2. 1998, in Official Records Book 27977, Pages 538 through 547 of the Public Records of Broward County, Florida. is void, ab initio, and of no effect. 

ORDERED AND ADJUDGED that the Amendment to the Bylaws of Colonial Manor West Apartments Condominium, dated January 17, 1998, which was recorded April 2, 1998, in Official Records Book 27977, Pages 533 through 537 of 'the Public Records of Broward County, Florida, is void, ab initio, and of no effect. 

Please click here to see the COMPLETE COURT ORDER!

It seems Judith Stern has to get used to defeats, considering the latest developments in Colonial Manor West and Capistrano Townhomes Condominiums. Relying on her "connections" as a lobbyist obviously doesn't seem to work any longer. Is her "influence" dwindling? After being recalled as president of the Capistrano Townhomes, it looks like her tenure as president of Colonial Manor West is soon coming to an end!

On the other hand the board obviously doesn't like the owners to know about this court ruling! Something to hide, I guess?

 
How long will the owners in Colonial Manor West be willing to foot the legal bills for Judith Stern’s escapades? Already one special assessment levied to pay for much needed maintenance of the building ended up in the coffers of the law firm of Becker & Poliakoff -- Stuart J. Zoberg is the attorney on record -- and there is no end in sight for the legal bills that she incurs in the name of the association. Now, according to my information, the association members are asked to send a new special assessment directly to the law firm's account.

Condo owners have to realize that they are the ones liable for any legal fees caused by a heavy-handed board and their president. The "specialized" attorneys are only too happy to involve the associations in lawsuits. That's how they make their money, not by filing amendments to deed restrictions! And they always get paid -- win or lose -- from the owners' money! And if there isn't enough money to pay the legal bills in the association's bank account, owners find a bill in the mailbox demanding the payment of a special assessment on short notice. 

Guess how the owners in the INDIAN CREEK PHASE III-B Homeowners' Association in Jupiter feel -- just being served with another huge legal bill ($126,225.00) for the lawsuit filed against George Andres for flying Ol' Glory from a flagpole on his property? This is just a partial payment -- more to come! And all because of an ill-advised interpretation of the deed restrictions by the board and their attorney, Steven M. Selz?

With money in short supply with the ever-increasing bills for property insurance and property taxes, these special assessments can be the final straw to break your financial back!

Keep a closer watch on your board members, the board president -- and the law firm representing your association. They can do serious harm to your finances -- and there is nothing you can do if you don't stop them in time!

The Florida legislature gave owners a powerful weapon: 

RECALL BY WRITTEN PETITION! 

If done according to the guidelines, it works like a charm.

But it only works if owners are willing to stand up for their rights!  And it only works if you do it in time and stop the nonsense before the legal fees get out of hand!  Don't wait until the announcement of a special assessment is in your mailbox!  Then it's too late!