Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
March 13, 2018
WATCH THE VIDEO
How about a recall board meeting conducted by the
association attorney with only one (1) board member present on the
speaker phone -- not even in person. It so happened at the VERANDA AT
DORAL CONDOMINIUM NO. 2 ASSOCIATION, INC. on February 23, 2018.
As you can see and hear on the video, the so-called
"Recall Board Meeting" was conducted by association attorney Attorney
Carlos Alberto Triay, Esq.. The board member present on the speaker
phone is (no other board member present at the meeting) is President
Georgina Masses-Valera, in the video referred to as "Gina." Present was
as well association manager
No mention about a quorum or anything even close, the
meeting just went straight to the introduction at the start of this "Meeting
Without A Quorum."
SHOULD WE CALL IT "THE POWER OF
Here is a shortened transcript
of the so-called recall meeting:
Attorney Triay: "I want to call the
meeting to order for Veranda Doral No. II Condo Association.
I have 11:51 am. As for introduction for anybody I am Carlos
Triay, the association attorney. In the room are two
unit-owners. I state the names right now Rodrigo Garcia and
we have Arlene from the management company. And we have a
board member on the phone -- ok. Gina can you hear me?"
Attorney Triay: "As a recap: We have 28 units. 28
written recalls were received. From the 28 .. - sorry, there
are 28 units in Veranda II. 16 ballots were received, three
of the ballots voted not to recall you on the board. In
addition there are two others ballots are received which are
being disqualified because there are no voting certificates
for them. That means there is a total of eleven (11)
individuals of the units that voted for the recall. So I'm
going to ask you to make a motion to not to certify the
Gina: "OK: I make a motion not to certify the
Attorney Triay: I need you to second and approve it."
Attorney Carlos Alberto Triay, Esq. at the "Recall
Gina: "I second the motion and all say:
Attorney Triay: "So, it's approved! OK! Comments from the members
Member (representting Owners Voting For Recall) Luis Davila:
"Yes, you must call two people in the board. That's what the bylaws
Attorney Triay: "OK, any other comments from here?"
Attorney Triay: "Gina, can you make a motion to adjourn the
Luis Davila: "You must call two people in the board members
because that is stated in the bylaws. It is illegal to be by yourself!"
Attorney Triay: "Point written down. Gina, can you make a motion
to adjourn the meeting?"
Gina: "I make a motion to adjourn the meeting."
Attorney Triay: "Motion to adjourn is approved. Ok, thank you.
Have a great afternoon Gina."
End of recorded meeting.
It's always interesting to listen to a meeting
where the same board member (the only one present at the meeting) makes
the motion, seconds the motion and votes: "All say AYE!"
Are we having fun?
To be very honest: In all these years I have seen
lots of "funny" videos of board meetings, but not one where an
association attorney "presided" over a board meeting with no quorum
present and even ignored the clear statements of Luis Davila stating
that minimum two board members are needed to hold a board meeting.
the law school attorney Carlos Alberto Triay attended didn't teach that
a quorum is required by FS 718 to hold such a meeting?