BOCA VIEW CONDOMINIUM –
NOW IT’S GETTING REALLY INTERESTING
An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
Published March 25, 2023
In my Op-Ed dated February 21, 2023 I asked the question: Will The Board Finally Show The Financial Record?
And I guessed right: The answer is NO!
Instead of finally producing the financial records as ordered by the judge, board defense attorney John R. Sheppard, Jr from the law firm of FOWLER WHITE BURNETT, P.A. filed an AMENDED PLAINTIFF'S OBJECTION TO DEFENDANTS' NOTICE OF PRODUCTION FROM NON-PARTIES PURSUANT TO FLA. R. CIV. P. RULE 1.351 AND 1.921.
In a lengthy argument he tries to explain why the board should not be forced to allow the unit-owner and her attorney to inspect the financial records. He even tries to make the point that these are the associations' private records: “Defendants' attempt to seek access of Association's private record usurps the authority of the Association and its Board of Directors in violation of F.S. 718.111(1)(c) which states (c) A unit owner does not have any authority to act for the association by reason of being a unit owner.”
Well, maybe because Sheppard is an attorney and reads the statutes different than I do, but I was always under the impression that the Florida statutes state that the financial records of the association are so-called OFFICIAL RECORDS (according to FS 718.111(12) and are open for inspection of the association members.
Let’s just hope that the judge gets finally sick and tired of the permanent filings of the board members' attorneys trying to hide the financial records from the unit-owners – records that are definitely not private!
Another lawsuit was added to the multiple lawsuits already pending against the board of the BOCA VIEW CONDOMINIUM. Now the FEDS are getting involved in a case of HOUSING DISCRIMINATION filed by complainant Greta Tremmel and Jennifer Piraino. According to records, Greta Tremmel as the unit-owner and Jennifer Piraino as the potential renter claim that Board President Diana Kuka denied their application to rent the unit. The claim states that the reason for the denial was Jennifer Piraino's profession: She is a nurse!
More legal fees to be paid by the unit-owners -- not even talking about the potential fines and damages awarded in this case!
In the case: UNITED STATES OF AMERICA, Petitioner, v. BOCA VIEW CONDOMINIUM ASSOCIATION, INC., DIANA KUKA, ROSE WATKINS, POINTE MANAGEMENT GROUP, INC. and ERIC ESTEBANEZ, Respondents, United States District Court Judge AILEEN M. CANNON signed an ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION [ECF No. 9.
This Order came to the CONCLUSION:
Accordingly, it is hereby ORDERED AND ADJUDGED as follows:
1. The Report and Recommendation [ECF No. 9] is ACCEPTED.
2. The United States’ Petition to Enforce Subpoenas [ECF No. 1] is GRANTED.
3. Respondents are hereby ORDERED to produce to the Government the documents and completed responses to the information requested in the subpoenas [ECF No. 1-13] on or before April 6, 2023.
a. Each Respondent either shall (1) produce the documents if they are in its possession, custody, or control; (2) serve a written response to the subpoena stating that, after reasonable inquiry, no responsive documents exist, see Fed. R. Civ. P. 34(b)(2); or (3) serve a written response to the subpoena stating that, after a reasonable inquiry, the Respondent has determined that responsive documents exist but those documents are not within its care, custody, or control.
b. Respondents do not need to duplicate identical responses.
c. On or before April 6, 2023, Respondents shall file a notice of compliance certifying that they have complied with this Order.
4. Any sensitive financial information or Social Security Numbers should be disclosed subject to a protective order and agreement of the parties [see ECF No. 1 p. 10; ECF No. 7 p. 7].
5. The Court’s Order staying the production of all documents and responses at issue in this case [ECF No. 12] is hereby LIFTED.
Will Board President Diana Kuka and
Community Association Manager Eric Estebanez obey the judge's order or
will they be willing to ignore as well the order of a federal court
SEE AS WELL: