Those of you that have known of my continued condominium ordeal, know that I have been working really hard to try and change legislation, partly because for my own need, but in order to help all of us at HOA's and Condos.  My case has been one of great result and struggles.  After 14 months of investigations, the DBPR issued a civil penalty of over $45,000 to my association.  Unit owners have not received a financial annual report in nearly three years, we have been unable to hold proper elections, and they have only done the elections after we contact the DBPR, and the list of horrors continues...

     My complaints have reached all the way up the channels at the Department of Business and Professional Regulations (DBPR).  My case was prioritized and treated with upmost urgency and diligence.  It certainly helped to have Hon. Rep. Julio Robaina do his best to push to get answers and I thank him greatly.  Exhausted on resources, I wrote an open letter to Secretary Diane Carr of the DBPR on June 16, 2003 inquiring about where I could go to start a criminal investigation of the missing $359,161 from our reserve funds.  You will be shocked to read my letter below to Hon. Rep. Robaina.  I certainly was shocked to learn that there is no where to go.  The State Attorney's office has done nothing but put my life at great risk.  They've asked me to gather more proof and as a result of my pushing to get the answers and inspect the official records of my condominium, I have had a bogus lien placed on my property (even though I have had a zero balance), my board members have posted bulletins informing people that our committee members are "communists", I have been victimized, harassed, threatened, and even physically and verbally assaulted by the board members.

     While we have all heard that these matters can be resolved in court, and I certainly have, facts that tell a different story are horrifying.  Visit www.flcourts.org and you will also see how the majority of condo cases are being dismissed in court, partially because of lack of jurisdiction.  So that leaves me with the same question I asked Secretary Carr:  Where do I go?  Where would you go if your board made disappear $359,161, wrote checks out to each other, their friends and relatives in illegal compensation, and then lost all financial records when the DBPR requests to review them?  Where would you go if every time you asked your board for any information you would get a bogus bill for $400 without explanation?  Where would you go if when you went to inspect the records you'd get thrown out and later get a bill for $450 for unknown "retroactive late fees"?  Where would you go if the board president said to you at a public meeting "I wish you were dead?"  I will tell you that there is NO WHERE TO GO, BUT TO MOVE FROM A DEED RESTRICTED HOME.

     Read my letter below and you will see that I have been everywhere.  While the DBPR has been the only agency even willing to listen and do something, they just have not gotten around to reading Chapter 718.501, F.S. in its entirety, particularly the sections where it says that they can file a lawsuit against an association and against individual board members for this type of continued nuisance.

Let's keep up the fight, only I will keep fighting from behind the scenes.  I will be selling my condo.  Anyone interested? (sarcasm)

All my best,
Eddie 

July 31, 2003

Hon. Rep. Julio Robaina
402 S Monroe Street
Tallahassee, FL 32399-1300

RE: GRAND VISTA - DBPR CASE NO. 20021230CC30027

Honorable Rep. Robaina,

     Thank you for remaining involved and overseeing the investigations of Grand Vista Condominiums.  I am writing as a follow-up to my communication with you on July 21, 2003 and to inform you that the State Attorneys office (SAO) has not yet opened a case regarding allegations of grand larceny and theft of approximately $359,161 in reserve funds taken by the association of Grand Vista Condominiums, as first reported to the SAO on September 13, 2002.  I placed a call to Chief Frederic Kerstein of the SAO on 7/29/03 and I was shocked to learn from the chief that the SAO will not be investigating at this time.  I feel as if the SAO has ignored my complaints since my personal visit to their office September 13th.  I was personally at Chief Kerstein's office on July 14, 2003 and presented the SAO with over 80 pages of letters and written violations sent by the Department of Business and Professional Regulations (DBPR) to the board of directors of Grand Vista.  Additionally I sent the chief a recent copy of a violation letter dated July 18, 2003, where the DBPR fined the association over $45,625 in penalties.  This appears to be the biggest civil penalty imposed by the DBPR on any non-developer managed condominium.

     Despite this alarming civil penalty and the amounts of factual evidence provided, the SAO requires further proof.  As a result of the SAO's failure to open this case to perform the necessary investigation and provide me with the necessary relief, I have been victimized, harassed, threatened and assaulted by members of the board, whom the DBPR has already documented for various violations of state laws and the Condominium Act.  Because I reported the association for these very serious violations, my life, safety, and property are now in serious jeopardy.  My letter to Secretary Diane Carr of the DBPR on June 16, 2003 asked what state agency would investigate criminal activity at condominiums.  I have not yet obtained a reply to this question from the secretary, but it appears clear that the state of Florida has no such agency and that unit owners of condominiums are completely open to being robbed and left completely exposed to this type of crime.  It is also clear how the system fails those of us who stand up and report the criminal activity, by failing to investigate our complaints and failing to provide the citizens with the protection necessary.  Shouldn't we alert those intending on moving to Florida of this startling oversight in our judicial system? 

     Chief Kerstein of the SAO indicated in his voice mail message to me on 7/29/03 that he is waiting for the DBPR to complete a financial investigation.  This is pure ignorance and unacceptable on behalf of the SAO, who should obviously know that a financial investigation by the DBPR may very well take months or years to complete and will not include investigations for criminal activity, because as I had to inform the chief during my telephone conversation with him this past July 11th, Section 718.501(1)(m), F.S. specifically excludes the DBPR from investigating criminal matters because it is not within their jurisdiction.  The SAO requires more proof?  What about all the proof the SAO has already received, such as:

   1.) a report dated July 14, 2003 consisting of approximately 50 allegations of F.S. and F.A.C. violations with attached reference and documentation as proof of those violations, many of which were documents provided by the DBPR and board members;
   2.) proof that there has been a voluminous amount of violations of state statutes, as recorded in over 80 pages of violation letters from the DBPR;
   3.) information that there has been a mysterious disappearance of all financial records prior to year 2001 and selective portions from 2001 and 2002;
   4.) proof that the board has illegally compensated themselves with money from the association, as can be seen from the check register presented to the SAO and the DBPR;
   5.) proof that the board has failed to present valid receipts of the numerous checks written out to board members and their friends and relatives, as can be seen from the DBPR violation letters dated May 9, 2003 and July 18, 2003;
   6.) proof that the board has refused to provide annual financial reports and accountability of income and expenses to the DBPR and unit owners for the past two years, as indicated in numerous violation letters from the DBPR;
   7.) proof that the board president, Manuel Carrera, a city of Hialeah Gardens employee has had no authority to act as board president, because according to public records, as of July 1, 2003 he was not the rightful owner of any unit in the association, and as thus he has allowed unit owners to incur a civil penalty of over $45,000 by failing to comply with the DBPR's letters and by failing to secure the necessary insurances;
   8.) reports by the public corruption unit and the department of Hialeah Gardens Police that there have been allegations of wrong-doing made about Mr. Manuel Carrera and other city personnel that may be involved in public corruption;
   9.) written proof and information of allegations of illegal threats, extortion, and harassment to me, my family and other unit owners who made these complaints to the DBPR and as proof I provided copies of invoices I have received for bogus charges every time I asked to inspect the records, proof of an illegal placement of a predatory lien on my property with threats of foreclosure and other written threats, numerous letters sent registered mail written by myself and my attorney which the board has failed to answer, references to other unit owners who are also being harassed and copies of police reports of threats and physical violence to demonstrate the intent the association has had with continuing to break the law and stop these investigations and reports from reaching the appropriate agencies;
  10.) proof that the association has intervened with process of law and the right to peaceful assembly by repeatedly lying to unit owners, sub-classifying and accusing committee members and the law abiding unit owners of being "communists" and of "falsifying the information contained in the DBPR violations".  I provided  copies of the flyers and letters they have posted in various public areas and I offered to provide copies and pictures of bulletins the board has posted in the form of a deadbeat list and further reference to nuisances they have caused;
  11.) proof that the association holds elections at whim or when instructed by the DBPR to do so, and proof that there have been repeated violations during the elections, thereby making it impossible to remove the incumbent board.  Unit owners tried via arbitration to remove the board on September 27, 2000 and have repeatedly tried holding proper elections, but it has been impossible to do so;

     In addition to the above proof, I am confused that the SAO has found no proof or suspicion of the fact that the association has deliberately caused this financial confusion, disarray and loss of financial records and then selected a property manager who public records indicates that as of September 1, 2002 was operating with an expired license and who the DBPR has received several complaints about.  During previous years, the association has repeatedly made allegations that Jose Garcia of J & M Condo has been responsible of financial wrongdoing by improperly using $130,000 of the association's reserve funds.  Copies of several of these memos were provided to the SAO, which showed that these board members alleged that J & M Condo acted irresponsibly by causing unit owners serious financial harm.  During August, 2002 the association mailed another memo with accusations of J & M Condo and then during September, 2002 board president, Manuel Carrera, made the unilateral decision to contract J & M Condo in an elaborate scheme to deliberately wash his hands of wrong-doing and show no accountability for these crimes.  A signed copy of a letter from Mr. Carrera was provided as proof of his unilateral decision to the SAO and the DBPR.  On 4/25/03, J & M Condo responded to the DBPR violation letters, whereby confirming in some instances that the violations did in-fact occur and provided little or no financial records.  This caused the DBPR to seize the financial records and transfer them to a special investigative team in Tallahassee.  Copies of these violation letters have been in the hands of the SAO.

     Yet, the SAO needs more proof?  It would seem to me that our legislative system has failed the citizens of the state of Florida and unit owners of condominiums by improperly placing exclusions to the legal definition of grand larceny.  According to Section 812.014 of the Florida Statutes, unit owners of condominiums are not exempt from being victims of theft and grand larceny.  So then why have complaints of this theft received no valid merit from city mayor, Yioset de la Cruz, Secretary Diane Carr and Julie Baker of the DBPR, agents Steven Troy Roper and Sergio Abreu of the FDLE, Detective "Steven" of Metro Dade Police, Investigator Elsa de la Cruz from the Insurance Commissioners Office, Andrea Foster from the Fair Trade Commission, Chief Keith Joy, Lt. Van Toth, and Sgt. Del Nodal of the Hialeah Gardens Police Department, and Chief Frederic Kerstein, Asst. Attorney Virginia Ferguson and Diane Sanders of the State Attorney's Office.  I have provided my complaints to all of the above and I have been advised by many of these individuals to take this matter to court.

To court?  Well isn't this the same 11th judicial circuit court that reported having received nearly 1/3 of all the condominium disputes in the entire state during FY 2001, according to Florida Supreme Court statewide SRS system*?  Miami-Dade County currently ranks as the 1st or 2nd district with the most legal civil condominium disputes in the state.  Yet the SRS system also shows that out of a total of 108 new condominium cases received in Miami-Dade County during FY 2001, nearly all were dismissed.  Why?  No jurisdiction?  In fact, this problem has escalated statewide, as SRS figures show that during FY 2001, a total of 339 condominium cases where presented in courthouses statewide, however an overwhelming 201 cases were dismissed and 135 were re-opened.  Additionally, in Miami-Dade County, SRS figures show that as a ratio, nearly half of all cases are dismissed before a hearing (a ratio of 85 out of 175 disposed) and most of the other cases are dismissed after a hearing (35 out of the remaining 90 disposed).  There is a serious problem in this state and your voice is necessary.  Please use your legislative persuasion and help the residents of this state. 

Thank you for your continued support on the above subject matter. 

Sincerely yours,
Eduardo Hernandez

Copies provided to the following via email, fax and/or written format:
Hon. Governor Jeb Bush FAX 850-487-0801 ([email protected])
Ms. Collen Castille, Governor's office, FAX 850-488-5152 ([email protected])
Hon. Senator Rudy Garcia  ([email protected])
Hon. Charlie Crist FAX 850-487-2564 ([email protected])
State Attorney General's Office FAX 850-487-2564 ([email protected])
Mr. Kent Perez, State Attorney General's Office FAX 850-487-1963 ([email protected])
Hon. Tom Gallagher FAX 850-488-7265 ([email protected])
Mr. Kevin Stanfield FAX 954-413-2828 ([email protected])
Chief Frederic Kerstein, State Attorney's Office FAX 305-547-0717 ([email protected])
Hon. Katherine Fernandez-Rundle FAX 305-547-0735 ([email protected])
Mr. Alejandro Dominguez, Legislative Assistant ([email protected])
Hon. Rep. Juan Zapata ([email protected])
Secretary Diane Carr, DBPR FAX 850-921-4094 ([email protected])
Asst. Secretary Julie Baker, DBPR FAX 850-921-4094 ([email protected])
Chief Michael Cochran, DBPR FAX 850-922-8973 ([email protected])
Investigator Supervisor Harold Hyman, DBPR FAX 954-956-5691 ([email protected])
Investigator Monika Conroy, DBPR FAX 954-956-5691 ([email protected])
Investigator Ovilio Suarez, DBPR Licensing ([email protected])
Mr. Jan Bergemann, CCFJ Inc. ([email protected])
Media Contacts 
Unit owners at Grand Vista