ATTORNEY ALLEGEDLY VIOLATES FLORIDA STATUTES

Some E-Mails

How can we simplify the voting process and maintain the integrity of the results?

This year our association changed the legal representation of our annual meeting to Becker and Poliakoff " with the attorney Rob Reubinstein now representing our association.  One of the procedure changes is to color code and stamp envelops as "BALLOT' "OUTER ENVELOPE" and "PROXY ONLY".  The state has been asked to run the election.  Three people were selected to do so.  However, the association's new attorney is waiting for the resume of the 3 people to ensure that they are certified and qualified.  If the credentials are not established by the time of the annual election, the association's attorney will run the meeting and the 3 individuals from the state will attend as observers.


From: Marstiller, Simone
Sent: Thursday, February 09, 2006 11:10 AM
Subject: Re: Becker & Poliakoff says he will stop election monitor if........................

I concur. There is no mechanism for the assn to place additional
requirements on the monitor once a monitor has been requested as
provided by law.

Mike, pls educate the assn's counsel.


E-Mail                                                                                                                    Tue 2/22/2006

 

Dear Secretary Marstiller,
this is the way these attorneys are treating officially appointed election monitors. Remember, your Arbitration Chief Karl Scheuerman wanted to pass a rule that was clearly defying legislative intent, exactly trying to achieve what these attorneys like: Laugh about our government and legislators! See below the account of a condo owner of tonight's election! As you well know Attorney Rubenstein from the law firm of Becker & Poliakoff already threatened not to let the appointed election monitor conduct the election. You advised Division Chief Mike Cochran "to educate ass'n council".
According to tonight's events that education didn't go very far! It seems these attorneys don't care about Florida laws, your Department or the legislation created by our elected officials.  If they can get away with it we can forget creating laws. This is exactly what Florida's homeowners and condo-owners complain about since many years! But it seems nobody cares! These attorneys can do whatever they want -- that's just a fact.  And they do it at our expense! Do you let them get away with it?
Who runs the show here in Florida? The attorneys of Becker&Poliakoff or our elected government and the enforcement agencies?
Sincerely,
Jan Bergemann

Quote from an e-mail I received tonight -- the opinion of an owner present at the meeting:
I can't begin to tell you the horrific treatment that was bestowed on the election monitor, Val Lucier, and his assistants by our Board and Continental Management.  The Election Monitor and his assistants arrived about 35 minutes prior to our meeting .  They were dressed very professional and acted in a courteous manner.  They were denied access to our meeting room. They were told that they had to stay in the lobby until our building manager, Keith Tannenbaum, arrived.
 
When Tannenbaum arrived, he informed the Election Monitor that he had been instructed by our Board and attorney Rob Rubenstein of Becker and Poliakoff that Val could not monitor the election.  Tannenbaum, also, denied him access to our meeting room.  Val showed Tannenbaum his State Badge and Tannenbaum excused Val as if he was a nobody.  Again, Tannenbaum denied Val access to our meeting room. Tannenbaum stated that Val would have to wait until atty Rob Rubenstein arrived.
 
Than Rubenstein arrives and he is more arrogant and disgusting in behavior than Tannenbaum.  He advises Val that he will not be the election monitor.  Val, again, shows his state badge and Rubenstein treats him with further disrespect.  Val tells him that he is here to hold the election. Rubenstein tells him that he can only observe.  This is the decision of the Board and the decision has been made that you cannot monitor but you are welcome to observe.
 
Val requested that he meet with the Board.  At this point, they adjourned to the manager's office.  They were in the office for about 30 minutes.  I don't know what went on inside.  Our meeting did not start on time.  It was about an hour late.
 
In the meeting area, Ron Martin, our accountant was collecting ballots but he forgot to have people sign in the book which would create chaos later in the meeting. Some people had left and those of us in attendance signed our name after an hour an a half past the initial meeting time. Ultimately, we did not have a quorum of unit owners.  Yet, more people seemed to attend than in the past.  I, also, was surprised that we had fewer votes than the prior year.
 
In the end, the old Board was reelected minus one.  As Val left, I thanked him.  He said to me, "I have never been treated this badly in my life." 
 
No person representing the government of this State should ever been treated as badly as the election monitors were treated tonight.  No attorney should show the disrespect for a government representative as what was displayed by Rob Rubenstein. 

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