JUST MORE LIES AND MORE HARASSMENT!

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

Published November 19, 2007

The Sad Saga of the Playa Del Mar Condo and its board president Robert G. Boffa Sr., a felon convicted of racketeering (violation of RICO ACT, according to many documents available on the Internet), still continues. The owners are still being harassed and even cornered when entering the building.

Or Boffa and his sidekick Mike DeMonia ring the doorbell and don't leave until they get the signature under the recall petition they so much desire to stay in power. Especially some elderly ladies have claimed to have signed just to get rid of them!

Their newest plot -- after the former card house of lies collapsed: Mark Stern is suing the association and costing the owners money to defend the lawsuit!

Again, as usual, far from the truth. Mark Stern has filed an injunction against certain individuals to stop them from spreading lies! And it will be up to the individuals to defend these lawsuits, because they surely acted as individuals -- not as officials of the association! No hiding behind association insurance or association dues!

After being caught in another web of lies during the so-called recall-meeting -- highly advertised by Boffa -- they just invent new twisted stories. From all I hear they don't even seem to know how to spell the word "TRUTH.”

During the meeting Robert Boffa even had trouble recounting the details of his conviction -- or the year. To refresh his memory, here are the contents of the court docket for all the folks who seem to think it was just a little misstep:

UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE

DEFENDANT: Robert Boffa, Sr.

DOCKET No. -- Criminal No. 80-36

Date; August 25, 1981

There being a finding/verdict of (X) GUILTY.

Defendant has been convicted as charged of the offense(s) of Count I -- Conspiracy of RICO statute, 18 U.S.C. $ 1962(d) Count II -- Substantive violation of RICO, 18 U.S.C. §1962(c).

Sentence or Probation Order
IT IS ADJUDGED, pursuant to 18 U.S.C. §1963(a) that:
(a) On Count 1 defendant pay a fine to the United States in the sum of $ 12,000.00 and defendant is hereby committed to the custody of the Attorney General or his authorized representative for imprisonment for a term of 12 years;

(b) On Count 2 defendant pay a fine to to the United States in the sum of $ 12,000.00 and defendant is hereby committed to the custody of the Attorney General or his authorized representative for imprisonment for a term of 12 years;

(c) Said sentence of imprisonment on Count 1 to run concurrently with the sentence of imprisonment on Count 2.

Personally, I have to admit that at my age I would rather live next to a convicted bank robber than living in a condo where the board president has such a notorious history!

At this RECALL MEETING Mrs. Wayne Grimm read a notarized position statement signed by her husband, clarifying the issue of the "misplaced computer brief case" in order to stop Robert Boffa, Daniel Lecht, Betty Cholst, Fred Nesbitt and Keith Tannenbaum from spreading the lies that the briefcase had been left in front of the elevator door where they claimed that Mark Stern had picked it up. The highlight of the statement: “Mark Stern did not have any malicious intent to keep or utilize the contents in the briefcase.”

The above named individuals knew fully well that their "story" wasn't true, because they saw the video security tape clearly showing that there never was a briefcase left in front of the elevator door by Wayne Grimm!

Thank you, Mr. Grimm, for setting the record straight!

Then there was Daniel Lecht, the board's vice president, who talked about CCFJ, his short duration of membership and his claim that he tried to get his dues back after realizing what CCFJ was all about. Again, far from the truth. Below the copy of an e-mail I sent to Daniel Lecht shortly after the Playa Del Mar board election in April 2007.

From: Jan Bergemann [mailto:[email protected]]
Sent: Monday, April 30, 2007 4:24 PM
To: Daniel Lecht ([email protected])
Subject: Playa Del Mar

Dear Daniel,

as you know our organization is closely monitoring the events in the Playa Del Mar.

As much as many of us were pleased with the outcome of the election, I have to say that we have serious concerns about recent issues.

As you can imagine many owners are not very pleased to see Mr. Boffa serving as president of the board of the Playa Del Mar after seeing the report of the President's Commission on Organized Crime. But not only that, some of the recent actions taken by the new board have raised serious concerns as you can imagine.

You know that Rubinstein and Tannenbaum were involved in the incident with the election monitors in 2006 that has cost the association, meaning your neighbors, lots of money. Rubinstein billed the association a lot of the money in the attempt to remove Mr. Boffa from the board. I think ex-felon or not is no longer the question after reading this report on organized crime! A lot of folks invested a lot of work into removing the old board and replacing it with the new board. I guess you are aware that there are quite a few people who are very unhappy about the way this is going -- some others are outright laughing!
If you continue to help the new "president" it might cause another uproar, this time supported by two fractions of your neighbors, that will kill all the efforts to finally get a board established in the Playa Del Mar that is willing to obey by the rules of the association and the statutes of this state! Don't forget, that was the campaign promise of the new board!

I would appreciate your input before this is getting out of hand. You can definitely imagine that our organization will take a stand in this matter!

Since our organization is fighting for owners' rights and we are pushing for strict enforcement of the rules and statutes, it would definitely look bad if a member of our organization would be connected with the current problems in the Playa Del Mar!
Your immediate attention would be appreciated!

Take care

Jan

http://www.ccfj.net

Does that sound like the e-mail sent to a member who wants his dues back? Actually, more e-mails were sent, but Lecht just ignored them. So we removed him from our membership roster. I never heard from him until he called me after I published my story "ONLY IN FLORIDA", trying to tell me that I got it all wrong and that the briefcase was placed in front of the elevator and that Mark Stern maliciously kept the briefcase with all the contents from its rightful owner. I finally ended the "discussion" when I realized that it was going nowhere! And in the mean time, we all know who was right!

Fred Nesbitt, not to be outdone, reported about his "experience" with CCFJ. Actually, I e-mailed him the complete, easy-to-understand recall instructions. In my opinion, these laws, rules and guidelines are there for everybody, even for people with a personal agenda. When I explained to him by phone what is really going on, he really didn't care to listen to the facts. Nesbitt’s statement: "I don't like Mark Stern any way!" His first "contribution" to the attempted recall of Mark Stern -- getting the signatures of his buddies in the building clearly showed that he can't even follow simple instructions!

But these "conspirators" just don't give up. They know that their game is "lost" if they fail to recall Mark Stern. Boffa, Lecht and DeMonia might be losing the majority on the board of directors, stopping them effectively from making decisions to spend unit-owners' money behind closed doors!

It's not about rights, honesty or justice -- or what's good for the owners of the Playa Del Mar -- it's all about board politics and power! And the methods used show clearly where Robert Boffa, Sr. is coming from!

But, let's face it, it can only happen because the DBPR, the government agency that is supposed to regulate condominiums and enforce the Condo Act (FS 718), failed condo owners again by refusing to follow up on complaints filed against Robert Boffa serving on the board of directors.

FS 718.112(d) 1. A person who has been convicted of any felony by any court of record in the United States and who has not had his or her right to vote restored pursuant to law in the jurisdiction of his or her residence is not eligible for board membership.

A simple letter from the DBPR Bureau of Compliance demanding Boffa to show definite proof that his rights have been restored would have resolved the dilemma. If no proof was forthcoming, Boffa would have been asked to resign from the board. So far, to my knowledge, no proof has ever been shown, despite a lot of owners' money being wasted on the attempt to prove one way or the other.

In my opinion, it is up to Boffa -- wasn't he the one convicted in the first place? -- to show that his rights have been restored. PERIOD!

SACRIFICE HONESTY AND INTEGRITY TO BE A BOARD MEMBER?

ONLY IN FLORIDA