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

Published December 12, 2007

 

If you haven't had your daily laugh, you should listen to the tape of what was called the “recall meeting” at the Playa del Mar.  It was The Randall Roger Show! But it sounded more like a sit-com than an honest meeting. 


Randall Roger, Esq., had a field day explaining his legal knowledge.  But he forgot to mention that his opinion is just that -- an opinion -- without any legal consequences.  He might have made good points, but he is just an attorney -- not a judge or an arbitrator! 

Roger seems to forget that he is just an attorney.  He can offer an opinion, he can even call it a legal opinion, but he has no right to make any rulings or statements of facts.  If Roger were familiar with recall arbitration cases, he would know that he needs an arbitration final ruling, stating that Mark Stern's recall has been officially certified. 

Roger just arrives, stating that the association asked him to assist the community, but can't explain who the association is that hired him.


He arrives, chairs a meeting and tells everybody what to do and what not to do!  I got a great laugh when I heard his explanations.  He always appreciates everything, but ...!

Especially considering that lots of the so-called recall ballots are obviously not valid, some even seem to be signed by owners who passed away a long time ago.  But it seems Roger doesn't care, as long he can help out Robert Boffa, the person who hired him without an official vote of the board -- minimum in the opinion of the other board members.

Rogers frequently talked about understanding the frustration!
My frustration -- let's make it very clear -- that attorneys like Roger are trying to run peoples' lives. Why is it that people will stand at attention and let people like Roger run the show?

These attorneys are hired hands who can voice legal opinions -- if asked!  The board members and owners are the people with the vested interest -- and attorneys should only talk when being asked to speak.


The question here:  Who hired attorney Roger to be at the meeting?  Robert Boffa, the so-called president who still hasn't shown proof that his voting rights are restored after a felony conviction for violations of the RICO ACT?  Or the other two board members, Lecht and DeMonia, who played chicken and hoped that their absence would enable Roger to twist the statutes?  Isn't it weird that the same people who picked date and time for the meeting couldn't -- or wouldn't -- attend?


I would be seriously embarrassed to show my face at a meeting where a fellow board member is being ambushed, Florida statutes abused to make an invalid recall valid, and pay an attorney to intimidate fellow owners!
SHAME ON YOU ALL!

Now, here is my personal opinion.  It surely is not a legal opinion but an opinion that uses common sense -- obviously missing at the recall meeting.


It is pretty obvious that the people behind the recall knew fully well that this recall wouldn't hold up in arbitration.  They knew they didn't have enough signed petitions to make it a real recall that would withstand a legal challenge.  It's obviously not a recall conducted in good faith and definitely does not follow legislative intent.

Betty Cholst, a retired attorney, should have known better than adding her name as a "unit-owners representative" under such a petition.  But once the reputation is anyway destroyed -- who cares?

And Keith Tannenbaum, community association manager -- who amazingly still has a CAM license -- was up to his old tricks, trying to prevent board members from looking at voters’ certificates, important for a decision to certify a recall.  The good news for the owners in Playa del Mar -- It was announced that Keith Tannenbaum is soon leaving his job!

Now we all had our say and made our personal opinions known, let's get back to the facts:

This recall was of great importance for Robert Boffa to keep his title of board president.  He still doesn't acknowledge that this is just a title.  He still only has one vote as a board member -- as does every board member!  With the board split 3:3 (one board member passed away recently) Boffa’s decision-making power was seriously endangered.  Example:  Attorney Randall Roger! There was no board vote to hire him, and there was no board vote to ask him to chair the recall meeting.  Boffa just ordered it without even considering to ask his fellow board members.  Boffa still hasn't realized that he is NOT the CEO of the Playa del Mar.  If I were a member of this board, I would demand that Boffa himself pay for the services of Randall Roger.  Boffa ordered Roger to do his bidding to pursue his private agenda!

But the DBPR arbitration section is normally not looking too kindly at these kinds of shenanigans. Roger has to get a final ruling from the DBPR to remove Mark Stern from the board.  Reading the statutes and interpreting them the way Roger wants it doesn't get Stern off the board. 

If Roger had read up on other recall arbitration cases, he would have quickly found out that the DBPR arbitration section is unwilling to certify recalls for failure to hold a meeting with a quorum, because the other board members were hiding during the meeting!  Especially if the whole recall was conducted in bad faith.  Even the most attorney-friendly arbitrator will have serious problems to certify a recall where some petitions were signed by owners who passed away quite a while ago!

The most notable case where the DBPR demanded the official filing of recall arbitration despite no timely meeting being held was the case of LAKE PLACE CONDOMINIUM ASSOCIATION, INC.

 

Here an attorney "opined" that no recall meeting was necessary because he considered the recall petition faulty. The unit owners, quoting the default provision in FS 718.112(1)(j)2., were clearly told that they have to file for arbitration, especially if the recall is disputed.  No default ruling here!  The Chief Arbitrator's reason: Safeguard against dubious recalls conducted in bad faith. 

 

Actually, the unit owners won -- proof how much an attorney's opinion is worth -- but not because the board failed to hold a timely meeting, but because the recall procedure was flawless!

 

I guess that's a verdict we will not see in this case, because the three board members comparing the petitions found nearly 50% of the 207(?) served seriously defective.  Since minimum 186 valid petitions are needed, it's pretty obvious that this recall fails if conducted properly!  Boffa's only chance to win this recall and regain the power on the board was by using sneaky tricks like not showing at the recall meeting and having his attorney make the point that the default rule is valid and Mark Stern is removed from the board effective immediately.  If you listen closely, Roger clearly avoids saying that he just quotes his opinion.  He always makes it sound like his words are law!

 

The serious flaw with this reasoning: Roger has no power to make a ruling.  His quoting of the default provision doesn't remove Mark Stern from the board!  The only ones able to legally remove Mark Stern from the board would be the DBPR Arbitration Section.  And, as different arbitration rulings show, they are not inclined to issue a final ruling without looking at the actual facts.

 

Randall Roger forgets that he is just an attorney and not judge, jury and executioner.  With all due respect, his interpretation of the Florida statutes may please his client Robert Boffa, but lacks the power to enforce it without going through the recall arbitration process. 

 

Roger's opinion is about as good as mine -- we are all allowed to have opinions, I guess -- but the only entity with the power to make decisions is the DBPR Arbitration Section.

 

So I guess all parties would be well advised to file for recall arbitration with the DBPR and await the outcome of the arbitration process . Even Randall Roger's smooth talking at the recall meeting doesn't change that!


Why would Robert Boffa like to get rid of Mark Stern? If you haven't figured it out yet, please listen to Mark Stern's presentation at the Condo Ombudsman's ANNUAL ROUND-UP on December 8, 2007.

CLICK HERE TO LISTEN!


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