CAM RULES HIS "OWN" HOMEOWNERS' ASSOCIATION MIRAMAR
GARDENS TOWNHOUSE HOMEOWNERS ASSOCIATION, INC. |
An Opinion By Jan Bergemann Published September 10, 2007
What would you do if you are a homeowner who lives in a depressed community where a revived homeowners' association was supposed to put new life into it, but all residents got were foreclosure threats and potholes? (Home, Sour Home)
What would you do if you are a homeowner who got a favorable ruling from a judge stating (quote): "Finally, it is clear that the Association is merely a sham which does not exercise any authority and acts solely at the behest of the management company. Accordingly, Plaintiff has unclean hands in this lawsuit." What would you do if you are a homeowner who knows that the deed restrictions of the community have expired quite a while ago, but you still see liens filed against your neighbors' homes and families losing their homes to foreclosure for unpaid dues? The Department of Community Affairs confirms that attorney Maritza Betancourt attempted to revitalize the deed restrictions on request of the community association manager without success, because the necessary documents couldn't be produced and that another attempt to revitalize was never made. Wonder why? What would you do if you are a homeowner who sees election announcements mailed out, limiting the open seats to one because of "staggered terms,” when during a court hearing nobody -- not even this CAM -- was able to name the directors? Quote from court ruling: "Mr. Dugger testified that the Board Members do not actually do any work, but rather, all duties are delegated to the management company. Indeed, the Board's own President has no idea who her Board Members are or what procedures are being followed.
What
would you do if you are a homeowner who sees election announcements only
mailed out to the neighbors who might vote favorably for the
What would you do if you are a homeowner who lives in a community that has been promised fair elections monitored by County Commissioner Barbara Jordan, who makes big promises but is nowhere to be seen when it counts?
Quote from the Miami Herald in the article: Homeowner associations have few places to go "Robert Dugger, the property manager for Miramar Gardens, assured The Miami Herald that the association would hold proper elections in early June. County commissioner Barbara Jordan said she would monitor them." E-mails and telephone calls reminding Commissioner Barbara Jordan of her promise were left unanswered and she was a no-show -- as expected! Another politician who is all talk, but no action! Meanwhile, you might wonder who the community association manager is who seems to own this homeowners' association? [Read as well Thug Meets Pug ] Dugger
has among homeowners the dubious reputation as the CAM with the most
complaints filed against him with the DBPR (SEE
DBPR LIST). But what good does it do, if the DBPR fails to follow
up on serious complaints -- a very serious complaint filed in 2002 is
still "under investigation."
SPANISH TRACE CONDOMINIUM ASSOCIATION, INC. needed an election supervised by an election monitor to elect a new board whose first action was to ax Robert Dugger and the Timberlake Group, after Dugger used his own stationery to campaign for one slate of board members over another.
The changes in the FERNWOODS LAKEVIEW CONDOMINIUM ASSOCIATION #1, INC. were more drastic. A recall of the board allowed the owners finally to get rid of Robert Dugger and his "management company."
His wife, Rachel Dugger, not to be outdone by her husband, was first fined for unlicensed activity, then obviously got a license as reward for breaking the laws, and was fined again for more violations. (SEE LIST DBPR)
So -- what would you do if you are a homeowner who lives in such a community where a CAM took over control and the dues forced out of the homeowners seem to disappear into nowhere? And the government agencies supposed to protect you totally fail you and your neighbors? Send first the kind of letter below, then plan another tea-party -- like in 2003?
What
else can you do when the government agencies fail you, but you don't have
the funds to protect yourself against a |