VS.

Board of Directors
Chimney Lakes Owners Association (CLOA)
C/O Property Management Systems Inc.; Registered Agent for CLOA
2215 East S.R. 200
Yulee, FL  32097                                            PHONE# (800) 374-6538 (Bus.) 
DEFENDANT(S)

                                  AMENDED STATEMENT OF CLAIM

Plaintiff(S)   William “Bill” F. Lewis, Jr.                                                         SUES 
DEFENDANT(S)  Chimney Lakes Owners Association Board of Directors 

                                                          AND ALLEGES:

1. THIS IS AN ACTION FOR DAMAGES THAT DOES NOT EXCEED $5000.00. 

2.     (GIVE A BRIEF DESCRIPTION OF WHY YOU HAVE FILED THIS SUIT)
According to Florida Statutes Section 720.303 Subs. 5 a + b the Chimney Lakes Owners Association Board of Directors was required to comply with my request (Mailed January 16, 2002 and Delivered January 25, 2002) to inspect the following documents:

a) All proxies submitted to the Secretary prior to 7:00 pm at the December 4, 2001, Chimney Lakes Owners Association Annual Homeowners Meeting.  The proxies are part of the official Minutes of the Chimney Lakes Owners Association Annual Homeowners Meeting and as such, according to FS 720.303 Subs. 4 f, an official document. 

b) The list of owners in attendance at the December 4, 2001, Chimney Lakes Owners Association Annual Homeowners Meeting.  The list of members present is part of the official Minutes of the Chimney Lakes Owners Association Annual Homeowners Meeting and as such, according to FS 720.303 Subs. 4 f, an official document.

c) The minutes from the November 20, 2001, Chimney Lakes Owners Association Board of Directors regular monthly meeting.  The minutes are part of the official records of the Chimney Lakes Owners Association and as such, according to FS 720.303 Subs. 4 f, an official document.

d) The rules regarding the videotaping of Board of Directors meetings of the Chimney Lakes Owners Association.  A copy of the current rules is part of the official records of the Chimney Lakes Owners Association and as such, according to FS 720.303 Subs. 4 e, an official document.

Despite various verbal and written reminders, the Association did not comply with this request.  According to the Florida Statutes (FS 720.303 Subs. 5 a + b) the Association is required to pay damages.  The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request.  99 business days have elapsed since the February 8, 2002, expiration date. 

I hereby ask the court to render a judgment in the amount of $ 2500.00 + the cost for filing this suit (FS 720.305 Par.1) against the Association for willfully disregarding the Florida Statutes Section 720.303.

WHEREFORE, THE PLAINTIFF(S) DEMANDS JUDGMENT FOR DAMAGES AGAINST
DEFENDANT(S) IN THE AMOUNT OF $_2500.00_____ TOGETHER WITH THE COSTS OF FILING THIS SUIT.

Dated this _28th_ day of June, 2002.

                                                                             __William F. Lewis Jr._ 
                                                                                                    PLAINTIFF
 

A. Jeffrey Tomassetti
Valerie C. Faltemier
P.O. Box 1443
Fernandina, FL 32035-1443
Facsimile: (904) 261-8023

Board of Directors
Chimney Lakes Owners Association (CLOA)
C/O Property Management Systems Inc.; Registered Agent for CLOA
P.O. Box 1987
Yulee, FL  32041-1987
Facsimile: (904) 225-0790

                                                                         __William F. Lewis Jr._ 
                                                                                                    PLAINTIFF

1. Fri, Oct 12, 2001, 1:10pm Because Bill Lewis is not receiving the Chimney Lakes Owners Association (CLOA) News Letter the “Chimney Sweep” Bill Lewis Sends an email to the Board of Directors and the Property Manager to make sure the address is correct.

2. Sun, Oct 28, 2001 – Karen Cramer collects proxies using the 2000 General Proxy at the Chimney Lakes Holloween Party. (This is important because Ken Broughton later tells Karen that those proxies will be illegal)

3. Somewhere between November 6th, 2001 and November 13th,2001, Bill Lewis is approached by Karen Cramer and Ken Broughton to give them his proxy.

4. Fri, Nov 16, 2001, 12:35 pm - Bill Lewis calls CLOA Property Manager, Betty Johnson to complain about not receiving the “Chimney Sweep” that had the 2001 CLOA General Proxy in it.

5. Fri, Nov 16, 2001, 12:45 pm - Because Bill Lewis is not receiving the Chimney Lakes Owners News Letter the “Chimney Sweep” Bill Lewis Sends another email to the Board of Directors and the Property Manager to make sure the address is correct.

6. Fri, 16 Nov 2001, 12:49 pm  Bill Lewis Calls CLOA President David Rix.  Voice mail message is left regarding not receiving a “Chimney Sweep”.

7. Fri, Nov 16, 2001, 3:00 pm – Property Manager calls Bill Lewis back on his Cell Phone to tell him that he can pick up a “Chimney Sweep” around 6:00 pm at the CLOA office at 8410 Cheswick Oaks Avenue Jax., FL 32244.

8. Fri, Nov 16, 2001, 6:30 pm, April Rix, wife of CLOA President David Rix and CLOA Property Management Company employee personally gives the November 2001 Chimney Sweep to Bill Lewis.  There is no 2001 CLOA General Proxy in it.

8A.  Tues, Nov 20, 2002, 6:30 pm – CLOA Regular Board of Directors Meeting. 

9. Fri, Nov 23, 2001, 2:23 pm – Fax and Email sent to the Board of Directors and the Property Manager “Public records request specifically for minutes from the October 2001 and the November 20th, 2001 Board of Directors Meeting.” (See Email Below)

10. Sun, Nov 25, 2001, 10:31am - CLOA Board Member Karen Cramer acknowledges Emailed Public records request with the Message: “It is evident you have only complaints to bring to the board.  I would be willing to listen to you if you had a half educated conversation.  Bring questions, concerns and other information to the board.  But frankly I think you need to get a life! “(See Email Below)

11. Tue, Nov 27, 2001,  7:40pm - Chimney Lakes Owners Association Property Manager and Registered Agent, Betty C. Johnston, acknowledges Emailed Public records request with the Message: “Bill, Chimney Lakes Owners Association is not a public body.  I will honor your request for the minutes. By law I have 10 days from the time I receive a written request. BCJ”. (See Email Below)

12. Sun, Dec 2, 2001 thru Tues, Dec 4, 2002 – Bill Lewis Collects Proxies from Four neighbors and another Chimney Lakes Resident for a total of Five.

13. Tue, Dec 4, 2001, CLOA Annual Meeting.  Bill Lewis turns in 5 proxies accepted by Betty Johnston with a Proxy Receipt.  Betty Johnston later hands Bill Lewis a Proxy Receipt that has “VOID” Stamped on it.   (See Document Below)

14. Thu, Dec 6, 2001, 11:27am – Fax and Email sent to the Board of Directors and the Property Manager “Public records request specifically for the minutes and other Items from the December 4th, 2001 Meeting.” (See Email Below)

15. Fri, Dec 7, 2001 – CLOA Property Manager Betty Johnston has a Meeting with CLOA Attorney A. Jeffrey Tomassetti to Review Records Request from Bill Lewis.   0.80 Hour attorney time  / $144.00 billed to CLOA  (See CLOA Attorney A. Jeffrey Tomassetti December 2001 Billing Record)

16. Fri, 14 Dec 2001, 09:17 am - CLOA Board Vice President Ken Broughton acknowledges Emailed Public records request with the Message: “wrong address “ . (See Email Below)

17. Thu, Dec 13, 2001, 4:21 pm and Mon, Dec 17, 2002 – Phone calls to CLOA President David Rix about requested information. (See December 2001 Cell Phone Detail)

18. Wed, Dec 19, 2002, 10:45 am April Rix, wife of CLOA President David Rix and CLOA Property Management Company employee Calls Bill Lewis on his cell phone (17 minute phone call) to say that she will no longer accept Phone Calls to her home or office.  She will send a fax to request no further contact.  (See December 2001 Cell Phone Detail)

19. Wed, Dec 19, 2002, 2:10 pm April Rix, wife of CLOA President David Rix and CLOA Property Management Company employee Calls Bill Lewis on his cell phone (1 minute phone call) to to tell me that she is having her attorney check the document and then send it out..  (See December 2001 Cell Phone Detail)

20. Wed, Dec 19, 2002, April Rix, wife of CLOA President David Rix and CLOA Property Management Company employee has a telephone conference with CLOA Attorney A. Jeffrey Tomassetti regarding Mr. Bill Lewis and review proposed letter to Mr. Bill Lewis.  0.50 Hour attorney time  / $90.00 billed to CLOA  (See CLOA Attorney A. Jeffrey Tomassetti December 2001 Billing Record)

21. Wed, Dec 19, 2002, 12:45 pm Talked to CLOA Property Manager Betty Johnston.  She will send a note that says the database was changed on Dec 19, 2001 and Public Records requested will be sent.

22. Thu, Dec 20 2001, 7:18pm - CLOA Board Member Karen Cramer Emails the Message: “Any further communication from you will be considered as harrassment and will be saved and forwarded to our attorney. “

23. Fri, Dec 21, 2001, 7:04 am – Fax and Email sent to the Board of Directors and the Property Manager “Formal Request to the CLOA BOD.  Public records request specifically for the minutes and other Items from the December 13th, 2001 Special Meeting.” (See Email Below)

24. Thu, Dec 27, 2001, 8:54am - CLOA Board Vice President acknowledges Emailed Public records request with the Message: “wrong address “ . (See Email Below)

25.  Fri, Jan 4, 2002 - CLOA Property Manager Betty Johnston sends Bill Lewis Certified Letter regarding the Proper Procedure for a CLOA Member to request information from the office.  There are two (2) different address spellings in the letter and the envelope and both are wrong.  (See Attached Letter and Envelope)

26.  Tue, Jan 15, 2002 – Bill Lewis sends a Certified Letter to Chimney Lakes Owners Association Property Manager and Registered Agent, Betty C. Johnston, to examine the CLOA records.  (See Attached Letter)

27. Fri, Jan 25, 2002 – Certified Mail Receipt Signed for by Delores Britt of Rimsco.

28.  Tue, Jan 29, 2002 – Betty Johnston Gives Bill Lewis copies of all the information for the Jan 15, 2002 records request that she has at no charge.  She tells Bill Lewis that Ken Broughton has all the other information including the proxies from the December 4, 2001 CLOA Annual Meeting and elections.

29. Thu, Jan 31, 2002, 6:30 pm – January 2002 CLOA Monthly Board of Directors Meeting. Bill Lewis reminds the CLOA Board of Directors that not all the information for the Jan 15, 2002 records request has been made available.   Ken Broughton tells Bill Lewis that the Proxies are in the CLOA Library.  Ken Broughton also tells Bill Lewis that he will make copies of the proxies at no cost and give them to Bill Lewis.  Ken Broughton also gives Bill Lewis his cell phone number: 904-838-4729.

30. Fri, Feb 1, 2002, 8:34 am – Ken Broughton calls Bill Lewis in a 39:35 minute phone call to ask for a copy of the tape of the Jan 31, 2002 CLOA Board of Directors Meeting for the minutes.  (See February 2002 Cell Phone Detail)

31. Sat, Feb 2, 2002, 4:45 pm – Bill Lewis delivers the Jan 31, 2002 CLOA Board of Directors Meeting video tape copy to Ken Broughton.  (See Video Tape Receipt)

32.  Tue, Feb 5, 2002, 3:37 pm – Bill Lewis calls Ken Broughton cell phone to remind him to get the proxies copied. (See February 2002 Cell Phone Detail)

33. Mon, Feb 11, 2002, 8:09 am – Bill Lewis calls Ken Broughton cell phone to remind him to get the proxies copied. (See February 2002 Cell Phone Detail)

34. Wed, Feb 13, 2002, 4:48 pm – Bill Lewis calls Ken Broughton cell phone to remind him to get the proxies copied. (See February 2002 Cell Phone Detail)

35. Tue, Mar 5, 2002, 8:38 pm – Bill Lewis calls Ken Broughton cell phone to remind him to get the proxies copied. (See March 2002 Cell Phone Detail)

36. Sat, Mar 9, 2002, 7:39 pm – Bill Lewis calls Ken Broughton cell phone to remind him to get the proxies copied. (See March 2002 Cell Phone Detail)

37. Wed, Mar 20, 2002, 10:28 am – Bill Lewis calls Ken Broughton cell phone to remind him to get the proxies copied. (See March 2002 Cell Phone Detail)

38. Thu, Mar 28, 2002, 2:05 pm – Bill Lewis calls Ken Broughton cell phone to remind him to get the proxies copied. (See April 2002 Cell Phone Detail)

39. Mon, Apr 1, 2002, 10:55 am – Bill Lewis calls Ken Broughton cell phone to remind him to get the proxies copied. (See April 2002 Cell Phone Detail)

40. Sun, Apr 7, 2002, 7:44 pm – Bill Lewis calls Ken Broughton cell phone to remind him to get the proxies copied. (See April 2002 Cell Phone Detail)

41. Wed, Apr 10, 2002, 7:44 pm – Ken Broughton calls Bill Lewis cell phone in a 52:13 minute phone call to discuss getting the proxies copied. (See April 2002 Cell Phone Detail)

42. Sun, Apr 21, 2002, 12:33 pm – Ken Broughton calls Bill Lewis cell phone in a 38:11 minute phone call to discuss getting the proxies copied. (See April 2002 Cell Phone Detail)

43. Thu, Apr 25, 2002, 6:30 pm – April 2002 CLOA Monthly Board of Directors Meeting. Bill Lewis reminds the CLOA Board of Directors that Ken Broughton has not provided the copies of the proxies that he promised.   CLOA President Ken Broughton tells Bill Lewis that the Proxies have “just turned up” and that Bill Lewis need to write a check for $135.00 before he can have access to the proxies.   Ken Broughton also say that examining the proxies is not an option.  Ken Broughton Resigns as CLOA President.  Karen Cramer is elected as CLOA President.  Ken Broughton nominates Bill Lewis for the CLOA Board of Directors to replace illegally removed Board Member, Lars Jettman.

44. Fri, Apr 26, 2002 7:13 pm - Bill Lewis sends email and fax to Ken Broughton, Chimney Lakes Owners Association Board of Directors, CLOA Management Company and CLOA Attorney (Courtesy Copy) regarding the CLOA board is now and has been in violation of the CLOA Code of Conduct Contract for Board Members Section D1 and more importantly Florida Statute 720.303.  (See Email Below)

45. Mon, Apr 29, 2002, 10:34 am – Bill Lewis calls Karen Cramer so he can set up a time to examine the proxies.  (See May 2002 Cell Phone Detail)

46. Tue, Apr 30, 2002 3:06 – Bill Lewis sends email to Karen Cramer, Chimney Lakes Owners Association Board of Directors, CLOA Management Company and CLOA Attorney regarding meeting with Karen Cramer on Fri, May 3, 2002 to to inspect proxies submitted to the Secretary prior to 7:00 pm at the December 4, 2001, Chimney Lakes Owners Association Annual Homeowners Meeting.  (See Email Below)

47. Tue, Apr 30, 2002, 7:30am – Karen Cramer calls Bill Lewis cell phone to discuss getting the proxies copied. (See May 2002 Cell Phone Detail)

48. Tue, Apr 30, 2002, 11:02am – Ken Broughton calls Bill Lewis cell phone in a 10:12 minute phone call to discuss getting the proxies copied. (See April 2002 Cell Phone Detail)

49. Wed, May 1, 2002, 4:04pm – Scott Steffens of PMSI, CLOA Management Company, calls Bill Lewis cell phone in a 4:11 minute phone call to invite him to come up to Yulee, FL to examine the records he has requested since Jan 15, 2002. (See May 2002 Cell Phone Detail)

50. Thu, May 2, 2002, 3:30pm – Karen Cramer calls Bill Lewis cell phone tell him to call Scott Steffens to discuss “Scanning In” any of the documents that I need to examine. (See May 2002 Cell Phone Detail)

51. Thu, May 2, 2002, 4:04pm – Bill Lewis calls Scott Steffens of PMSI, CLOA Management Company, to set an appointment to come up to Yulee, FL to examine and “scan in” the records he has requested since Jan 15, 2002. 

52.  Fri, May 3, 2002, 8:30 am – Appointment with CLOA President, Karen Cramer to inspect proxies submitted to the Secretary prior to 7:00 pm at the December 4, 2001, Chimney Lakes Owners Association Annual Homeowners Meeting.                           Karen Cramer fails to keep this appointment.

53. Fri, May 3, 2002, 10:00am till 3:30 pm – Bill Lewis and former CLOA Board Member, Lars Jettman, examine, scan and copy CLOA 2001 minutes and 2001 Board of Directors election materials from the December 4, 2001, Chimney Lakes Owners Association Annual Homeowners Meeting. 

54.  Mon, May 6, 2002, 9:51 am - Scott Steffen, Vice President of Property Management Systems, Inc. sends email to Bill Lewis regarding Ken Broughton had control of the proxies from the December 4, 2001, Chimney Lakes Owners Association Annual Homeowners Meeting.  (See Email Below)

55.  Wed, May 15, 2002 – Bill Lewis receives letter from Ruth Darlington regarding communications with Chimney Lakes Owners Association Board of Directors.  (See Attached Letter)

56.  Tues, May 21, 2002 10:17 am – CLOA President, Karen Cramer, sends Bill Lewis an email that she will not comply with the CLOA Code of Conduct Contract for Board Members Section D1 and more importantly Florida Statute 720.303 and allow Bill Lewis to examine the proxies from the December 4, 2001, Chimney Lakes Owners Association Annual Homeowners Meeting with the following message, ”You are a total freak! Your 'll get NO help from me. Find another habit!”            (See Email Below)

57.  Fri, May 24, 2002 - Bill Lewis sues the Chimney Lakes Owners Association Board of Directors for willfully disregarding the Florida Statutes Section 720.303  . 
 

                    PLAINTIFF
             vs

BOARD OF DIRECTORS
CHIMNEY LAKE OWNERS
ASSOCIATION (CLOA),

                   DEFENDANT
__________________________________/
 

        Defendant Board of Directors Chimney Lake Owners Association , (CLOA),
("CLOA"), pusuan to Rule 1.442 , Florida Rules of Civil Procedure and/or s. 45.061,
Fla, Stat. and/or s. 768.79 Fla. Stat., without waiver of any other claim available to United under the law, hereby offers to completely settle all claimsasserted by William "Bill" F. Lewis, Jr. against defendant CLOA in this action by paying to William "Bill" F. Lewis , Jr. the total sum of $ 650.00 in payment of William "Bill" F. Lewis, Jr.'s claims against CLOA. The offer amount totaling $ 650.00 includes all taxable costs, attorneys' fees and any other charges of expenses associated with the instant litigation.

        This offer is made pursuant to the governing and applicable provisions of Ruke 1.442, Florida Rules of Civil Procedure and/or s. 45.061 , Fla. Stat. and/or s. 768.79 Fla, Stat., by and through the undersigned attorney. The party making this offer is CLOA and the offer is made to plaintiff William "Bill" F. Lewis, Jr.. This offer or evidence of it is admissible only in Proceedings to enforce acceptance of the offer, or to determine the imposition of sanctions and not otherwise.

       If this offer is not accepted within thirty days of the date of service hereof, it shall be deemed rejected.
  

To: Board of Directors
Chimney Lakes Owners Association (CLOA)
C/O Property Management Systems Inc.; Registered Agent for CLOA
2215 East S.R. 200
Yulee, FL  32097

Dear Sirs: 

I am in receipt of your Proposal of Settlement Offer Dated September 2002 for Small Claims Court Case: 02-04294 SP Division: F In The County Court Of The Fourth Judicial Circuit, In And For Duval County Florida.

The Proposal of Settlement demonstrates that the Chimney Lakes Owners Association Board of Directors has violated Florida Statute Section 720.303, the Chimney Lakes Owners Association By-Laws Article X and the Chimney Lakes Owners Association Code Of Conduct Contract For Board Members Section F2.

The fact that the Chimney Lakes Owners Association has spent over $3,387.50 in legal fees to the CLOA Attorney to defend a $2,500.00 lawsuit demonstrates that the Chimney Lakes Owners Association Board of Directors has failed to fulfill their fiduciary duties.

I am prepared to accept your offer of $650 PLUS all Court Costs, Service Fees, Filing Fees, and Certified Mail Receipts with the following conditions:

1) Resignation of Chimney Lakes Owners Association Board of Directors Members: Jeff Schmidt, Karen Cramer, Gene Halbert, and Michael Daliberti.  The resignation shall not be contingent on the acceptance by the remaining or future Board of Directors Members and they will give up their right to serve on the Board and Committees of Chimney Lakes Owners Association for a period of Three Years.
2) Providing free copies of the records requested by William “Bill” F. Lewis, Jr.
3) Publication of this Settlement in the Chimney Lakes Owners Association publication known as the Chimney Sweep in a manner approved by William “Bill” F. Lewis, Jr.

I await your response.  Keep in mind that the Court date for this matter is set for Thursday, October 17, 2002, at 1:30 pm in the Duval County Courthouse Room 301.

Sincerely,

William F. Lewis, Jr.

William “Bill” F. Lewis, Jr.
Jacksonville, FL  32244 
Phone: (904) XXX-XXXX 
Email: [email protected]

CC:  Judge James A. Ruth
         Dee Alexander
         Florida Department of Business and Professional Regulations
         Chimney Lakes Owners Association Residents
         Other Concerned Parties 

vs.

Board of Directors
Chimney Lakes Owners ASSOC (CLOA)
2215 E SR 200
Yulee, FL 32097
         Defendant,
_____________________

                                                    FINAL JUDGMENT

        THIS CAUSE came on for Trial and the Court having heard evidence and being
otherwise advised in the premises, it is,
        ORDERED:
        That Plaintiff recover from Defendant, the sum of $500.00 on principal, plus costs
herein taxed at $75.50, that shall bear interest at 9% per year, for all of which let execution
issue.
        DONE AND ORDERED this October 18, 2002, in Chambers, at Jacksonville, Duval
County, Florida. 

                                                                                       ORDER ENTERED
                                                                                       OCT 22, 2002
                                                                                       (Signed) JAMES A. RUTH
                                                                                       _________________________
                                                                                          JUDGE

Copies:

Plaintiff

A Jeffrey Tomassetti, ESQ
P 0 Box 1443
Fernandina, FL 32053-1443