CONDO OWNERS PROTEST AT STATE ATTORNEY'S OFFICE
DEMAND: Investigate Condominium Corruption
Posted February 12, 2004

MIAMI - More than 30 upset condo-owners protested on Tuesday, February 10, in front of the State Attorney’s Office at the Graham Building in Miami.  Members of Cyber Citizens For Justice, Inc. organized this protest.  CCFJ is a grassroots organization that advocates rights for owners in mandated properties. “Why do our law enforcement agencies refuse to prosecute embezzlers in associations?” was the question these offended condo-owners asked.
 

Chief Frederic Kerstein received a letter in which he is being asked to investigate condominium corruption. Humberto Sanchez appeared at the protest in his capacity as CCFJ
board member and councilman of the League of United Latin American Citizens (LULAC).  Sanchez demanded answers to many questions regarding investigation of condominium corruption and failure
to prosecute negligent association board members. 

Sanchez asked Chief Kerstein: "How many cases of economic crimes in condominiums and HOAs has your office prosecuted in the last 10 years?"
The answer is still pending. 

  Humberto Sanchez delivers a letter to Frederic Kerstein,
  Chief Dade County Economic Crime Unit,Office of the
  State Attorney, requesting investigation of condo
  corruption
Eddie Hernandez, newly elected interim vice-president of Grand Vista Condominium in Hialeah Gardens, is still inquiring about $360,000, which has mysteriously disappeared from the association's reserve account.  Grand Vista just went through a highly publicized board recall, receiving the much-needed support of House Representatives Ralph Arza and Julio Robaina. 

An investigation by the DBPR revealed that big amounts of money are missing -- and so are many receipts. Owners allege that former Grand Vista board members have reimbursed each other for unrelated expenses. Following an investigation, the DBPR fined the association more than $50,000 for violations of the Florida Statutes by Grand Vista board members.  That $50,000 fine is the highest ever levied against a condominium association in Florida’s history. 
 
The irony of this fine? The same homeowners who complained about the actions of their board will ultimately be paying this enormous fine.  
 

Chief Kerstein said the problem with this case was that the owners "did
not have any proof and should
provide the SAO with a full financial audit." 

According to Hernandez impossible. "With a negative balance in the bank and over $80,000 in bills this month there is no money to pay for a full financial audit. Previous board members have not prepared an annual report in over three years."

"How many condo and HOA cases are investigated monthly?  How
many are currently open?  How many have ended in a conviction, fine or

  Protesters hold up signs in front of the office of the State
  Attorney demanding investigation and severe punishment
  of the guilty parties.
jail term?" Chief Kerstein's response:"Sorry, this is confidential information!" 

Many condo-owners are definitely dissatisfied with answers like this. 

Humberto Sanchez's comment after this meeting:  " We will follow up with a certified letter demanding answers. This is far from over! We owners need answers and actions soon. More protests are expected. There is definitely more to come.” 

House Rep. Julio Robaina (Miami) has made his recommendations for necessary changes to House Speaker Johnnie Byrd and will follow up with bills filed for the upcoming legislative session.  House Rep. Robaina is the Chairman of the House Select Committee On Condominium Governance. 

House Rep. Robaina is as well fighting to keep the $6 million in the condo trust fund.  On February 9, 2004 Robaina wrote the following letter to Rep. Fred Brummer, Chairman of the Subcommittee on Commerce & Local Affairs Appropriations:

"I would like to respectfully request that you consider my request to leave the 6 million dollars from the Condominium Land Sales and Mobile Homes trust funds intact. I urge you to allow these monies to remain available in the trust fund to aid in solving the various issues that confront Florida’s residents. 

As Chairman of the Select Committee on Condominium Governance, I can assure you that we need these funds to do what is needed to protect the unit owners of the State of Florida."

It is really good to know for Florida homeowners and condo-owners that minimum quite a few legislators are willing to fight for our interests.

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