DELRAY ALLIANCE

A LOOK AT THEIR "LEADERSHIP"?

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

Published March 10, 2008

The House Select Committee on Condominium and Homeowners Association Governance listened at their Pembroke Pines meeting to the presentation of Richard Herman, vice president of the Delray Alliance. At the meeting he was accompanied by Robert Schulbaum, president of the Alliance, and Barbara Zee, another vice president. That was the whole official delegation of the Alliance, despite the fact that Robert Schulbaum had announced in a Sun Sentinel article that the Delray Alliance would hire a bus to drive all the interested Alliance members to this meeting. 

Herman used as well the old claim that the Alliance represents all the owners living within the associations they claim are part of the Delray Alliance. When will these self-appointed leaders finally acknowledge that most of these owners don't even know that this Alliance exists, much less empowers them to speak on their behalf -- or allowed them to claim to represent them? I'm very sure that there were more folks at the meeting complaining about the problems in the "ALLIANCE ASSOCIATIONS" than there were members feeling like Richard Herman. Actually, his e-mail after the meeting showed that he must be wearing blinders in order not to see the many problems owners living in associations are facing. Actually, it was Herman's e-mail that caused "CAN-leader Donna Berger" to send out one of her infamous e-mails, ranting and raving about these bad homeowners' activists from CCFJ who want to destroy the lifestyle of millions of good Floridians! (Please see: DONNA BERGER -- RANTING AGAIN)

Herman's presentation contained the same old stories we have heard for many years from the same board members who support the specialized attorneys whose only interest is to create more billable hours. 

  • No term limits -- not enough volunteers anyway. If that were true, why are there be so many complaints about election fraud, rigged elections and sitting board members using the help of managers and attorneys to stay in power? Why did so many people tell the Committee members that the legislature needs to improve the election provisions in order to stop all the election shenanigans? If there were no volunteers and no willing candidates, owners wouldn't complain about rigged elections, would they? Did these same people as well oppose term limits for elected officials?
  • Co-owners of a unit serving on the same board -- Richard Herman is president, his wife treasurer on the board of the BURGUNDY A ASSOCIATION, INC. in Delray Beach. Need to say more?
  • Legal fees for prevailing party -- A much needed provision against abuse. Despite the fact that FS 718 and FS 720 make it clear that attorney's fees can only be collected by the prevailing party, we see demand letters for letter-writing by attorneys all the time. "Prevailing party" means a decision by a court or an arbitration ruling! Attorneys should know that, but some still write intimidating letters that threaten all kinds of retaliation, such as you could lose your home if you are not paying these legal fees. Board members should consider the "prevailing party" rules before having the attorneys writing frivolous letters -- or even filing frivolous lawsuits that are later withdrawn because the attorney would be too embarrassed to plead this case in front of a judge!
  • Against accountability and punishment of the people in charge -- Why are many board members so afraid that the legislature pushes enforcement and punishment of violators? If they are doing everything according to the law, they don't have to be afraid of adding these provisions  -- SLAPP suits and theft and embezzlement of directors and officers! Did they as well speak out against punishment of bank robbers? One fact is obvious: We have a lot more directors and officers in associations embezzling association funds than we have bank robbers in Florida.
  • Emergency powers -- These same directors obviously favor emergency powers. With other words they demand lots of power without accountability. After the last hurricanes we have seen financial mismanagement, uncontrolled spending, and even clear embezzlement in our associations, without this kind of provision. Granting boards and even outsiders outrageous emergency powers (See H 679) opens the door to even more misuse of funds than we already saw after the last hurricanes. There are still condos not repaired because of stupidity and shenanigans! This gives the bad guys free access to the complete funds of the associations. Is that what we want?
  • Contract rights -- It seems that board directors always demand that owners read and follow the governing documents. But this actually goes both ways! Many boards should read their restrictions as well -- before making up their own rules and overstepping the boundaries. Please read: IT’S GOOD TO BE KING (MAKING UP THE RULES AS YOU GO ALONG) Many of the restrictions they try to enforce are not part of the contract -- and have been added by some board members with private agendas.

Many people have been looking into the really important question: Why are these board members so adamant against provisions that would create protection against abuse, fair elections, accountability of the people in charge, and punishment of the violators?

I guess you have to look directly at the people who speak out against these legislative reforms. Isn't it amazing that you never hear any arguments against these reforms from the many good board members who try their best to run their associations according to the rules?  But certain board members are very outspoken against owner-friendly reforms and are obviously working with the same attorneys who are against reforms for financial reasons! They are even using association dues to finance lobbying against owner-friendly reforms -- mostly without the knowledge of the owners, whose dues they are using to promote their private agendas. Actually, using association funds for lobbying purposes is as well a clear violation!

The Delray Alliance, under the "leadership" of President Robert Schulbaum, has always been a strong supporter of the interests of these specialized attorneys. WHY? Obviously quite a few of their leadership team members need legal protection, considering some of the ongoing shenanigans they cause in their associations. 

Robert Schulbaum and Barbara Zee are board members of the VIZCAYA NEIGHBORHOOD PROPERTY OWNERS ASSOCIATION, INC. in Delray Beach. This board found a new source of income: Fining owners for speeding! Their proof according to the fining letter (quote): "We have received written complaint that your sedan was seen speeding down Michelangelo Blvd. at about 50 miles per hour." "Was seen speeding" is enough proof, minimum for these kind of board members. The follow-up letter stated: "Therefore the board of directors has voted to impose a fine of $50 and to suspend your rights to the Clubhouse and the automatic gate entry system for a period of 15 days. This suspension will include all facilities, included, but not limited to the 6 tennis courts, pool area, entrance and use of the Clubhouse. The fine of $50 should be made out to the Vizcaya P.O.A. and must be received by February 15, 2008. Please note that the failure to obey this suspension will result in an additional Violation." 

   
Believe it or not, these letters were not signed: THE VIZCAYA POA DICTATORS. They were signed: Marty Wainer, Property Manager, For Your Board of Directors. In this case a share of the blame should go to the community association manager, who is licensed (Lic. # CAM24519) and should definitely know better!

It seems to be a great way to blackmail people and make some extra bucks. The board of the LEE'S CROSSING-DELRAY BEACH HOMEOWNERS ASSOCIATION, INC. followed suit and is trying as well to hand out "speeding tickets."

Not even our official law enforcement agencies are allowed to hand out speeding tickets based on an "observation."

Getting back to Richard Herman, who told the members of the Select Committee that "Buying into a community is a contract!"  I haven't seen a contract (original deed restrictions) that allows a board of directors to hand out speeding tickets based on "observation."

These are the kind of power-hungry board members that caused many owners to attend the meetings of the Select Committee and testify about the many abuses we see daily in our associations.

 

And the attorneys, supported by these abusive directors, still sound like a broken record: "Only a few disgruntled owners are whining!"


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