Article Courtesy of The
Orlando Sentinel.
By Martin E. Comas
Published September 19, 2018
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A homeowners association has filed suit accusing a Winter Springs mayoral
candidate of authorizing a company to perform maintenance projects in the
neighborhood, setting the prices and then receiving kickbacks from the company
while he served on a landscaping and maintenance committee.
Winding Hollow Homeowners Association is seeking at least $2,500 in damages from
former association board member Ken Spalthoff, according to a civil lawsuit
filed in circuit court.
However, after a recent investigation by the Winter Springs Police Department
state prosecutors determined that no money was fraudulently taken from the
homeowners group, a spokesman for the State Attorney’s Office said in a written
statement.
“All services appeared to have been done at below market value and to the
satisfaction of the HOA [homeowners association] and its members,” said the
statement released by Todd Brown with the State Attorney’s Office in Viera. “The
evidence determined the homeowners approved of the projects and were pleased
with the results. There was no evidence that the fees charged were inflated or
padded to compensate for the commission paid to Spalthoff.”
Brown added that state law prohibits state or county officers from similar
arrangements, but it is “not applicable to HOA board members.”
Spalthoff served as a member of the association’s board of directors and
chairman of the association’s landscaping and maintenance committee from 2011
through 2017.
Spalthoff is running for mayor of Winter Springs and will face incumbent Charles
Lacey in the Nov. 6 general election.
In an email to the Sentinel, Spalthoff said the issue is politically driven,
calling them “false claims fueled by my opponent and pure dirty politics in
Winter Springs.” He added that it’s an effort “by my opponent to simply sling
mud and tarnish my name.”
In February 2013, the Winding Hollow neighborhood, a subdivision of roughly 200
homes just south of State Road 434, hired Florida Land Experts of Oviedo, or FLE,
to do general maintenance and repairs of the association’s property. The
association also set up a separate fund to pay FLE for any extra work not
specified in its contract, according to the lawsuit, which was filed Aug. 17.
The association claims in the suit that Spalthoff approved, without the
association’s knowledge, special projects for FLE to do and then direct the
company a price to invoice the association. After the association paid FLE, the
maintenance company “would turn over to [Spalthoff] the money demanded by [Spalthoff],”
the lawsuit says.
According to the suit, Spalthoff received kickbacks ranging from $25 to $500 for
several projects he directed FLE to perform between 2014 and 2017.
According to a July 3, 2014, email included in the suit, for example, Spalthoff
directed FLE to remove a decorative boat that was floating “half sunk” in a
neighborhood pond and “charge the HOA $200.00. Throw me $50 when you get paid.”
He also directed FLE to “charge the Hoa $600 and throw me $100” to remove mulch,
according to the email filed with the lawsuit.
But Spalthoff, in his email to the Sentinel, said the emails are fake and
presented two versions of the emails to show that they were doctored with the
statements to give him $50 and $100 added in.
Attorney Michael Jones, who represents Winding Hollow in its lawsuit, said
Spalthoff clearly violated the association’s rules by using his position on the
boards to benefit himself.
“It’s clearly a violation of his fiduciary responsibility,” Jones said. “They
[association members] didn’t know any of this was going on. It was clearly not
in the best interests of the HOA. He was stealing from the neighbors, and that’s
what incited everybody.”
When association board members became aware of Spalthoff’s actions in August
2017 after being alerted by FLE owner Justin Herring, they notified the Winter
Springs Police Department, Jones said.
Jones said the association is still tabulating the total amount of money
Spalthoff received in kickbacks or commissions.
Herring said he didn’t want to comment but plans eventually to release a
statement.
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