As part of his deception and fraud, Robert John Rozema has been illegally reimbursed for the following items:

·        Condominium Maintenance Fees (in excess of $25,000).

·        Replacement of his apartment’s windows ($5,259.00).

·        Health Insurance.

·        Car insurance.

·        Gasoline.

·        Electric service.

·        Telephone.

·        America On Line.

·        Property Taxes on his apartment.

·        Maintenance on his apartment.

·        Assessments on his apartment.

·        American Express credit card.

·        Costco credit card charges.

·        Dinner with John Aurelius, the association attorney ($247.00).

·        Bedspread.

·        Dishwasher.

·        Personal items for his apartment.

·        Membership in the Tower Club.

·        Continuing Education for Condominium Association Manager.

·        Fee for Condominium Association Manager license.

A confidential informant confessed to Rebecca Bond, Nico Minardos, Rob Coopchik, and Vivian Xenos that RJR was on disability. He said the reason Southpoint had been paying RJR via petty cash was because RJR was on disability.

This was a personal confession of the Confidential Informant to the group. The Confidential Informant was frightened when he realized they were serious. He then said, “Don’t go after him on this because I’ll get in trouble. Find something else.”

Holiday Fund.

RJR as the President should not receive anything from the Holiday Fund. In his letter of October 01, 2004, he stated he does not receive money from the Holiday Fund.

However, this is untrue, and he allocated $3,000 for himself in 2003. We do not know how much he has taken for himself in others, or in the current year.

Petition Of Owners.

In February 23, 2004, a petition was circulated requesting the removal of the Board. The petition was signed by sixty-seven (67) owners.

Florida DBPR New Issues.

Systematic violation by RJR and the Board of FS 718 requirement to obtain a minimum of three (3) bids for all work at the condominium.

During the October 21, 2004 Board meeting, RJR and the Board pushed a special assessment without proper hearing. This was based upon a secret meeting of the Finance Committee.

The main reason for the assessment increase is that RJR and the Board admitted to commingling of the reserve funds when the hallway re-decorating project in 2003 and 2004.

In September 2004, RJR and Southpoint paid Larry Welsh and James Burk $400 and $600 respectively, out of Southpoint petty cash. This payment was for overtime work done during the 2004 Hurricane Season.

It is improper to pay an employee’s overtime out of the petty cash fund, but this is typical of Rozema’s management. RJR treats the petty cash fund as a slush fund to make payments that cannot be tracked, or to make payments without the approval of the Board. This should have been reported as income, and appropriate unemployment and social security taxes paid.

Florida DBPR Investigation.

The Florida Department of Business and Professional Regulation have an active investigation of RJR and the Southpoint Board. In a letter of October 25, 2004, the DBPR found several violations that have not been corrected by RJR and the Southpoint Board.

RJR and Southpoint’s violations include, but are not limited to the following items:

·        The DBPR found that Southpoint is in violation of FS 718.116(9)(a). Southpoint improperly paid RJR’s condominium assessment.

·        The DBPR found that Southpoint is in violation of FS 718.116(9)(a). Southpoint improperly paid RJR’s condominium maintenance

·        The DBPR found that Southpoint is in violation of FS 718.111(12)(a)11. RJR and Southpoint fail to maintain sufficient detail in accounting records.

·        The DBPR found that Southpoint is in violation of FS 718.111(12)(a)11. The DBPR discussed RJR’s compensation and were given “three conflicting statements regarding his compensation, none of which were verifiable.”

·        The DBPR found that Southpoint is in violation of FS 718.111(12). Southpoint failed to maintain Board Minutes.

·        The DBPR found that Southpoint is in violation of FS 718.111(12). Southpoint failed to maintain RJR’s employment records and contract.

·        The DBPR found that Southpoint is in violation of FS 718.111(12). RJR and Southpoint held secret meetings concerning RJR’s compensation and did not take minutes.

Handling of Written Inquiry.

RJR and the Board have attempted to restrict owners’ access to records. In a letter to Rebecca Bond dated April 16, 2004, RJR attempted to restrict access to 30 minutes per day, and charge one-half dollar per page copied. This restriction is not permitted by law. A charge of one-half dollar per photocopy is excessive and unreasonable.

This is in violation of FS 718.112(2)(A)(2).

Major Expenditures.

There have been several large expenditures by Southpoint. The replacement of the building’s carpeting, the renovation of the elevators, the painting of the building, the forced replacement of Oceanfront apartment windows, and the optional replacement of many of the apartment’s windows.

Lobby Renovation.

The 2001 – 2002 lobby renovation was a $354,412.89 project. This was a volunteer project managed by licensed Interior Designer Rebecca Bond and Interior Designer Howard Berman.

Bob Rozema suggested to Berman and Bond that they add ten-percent (10%) or $35,441.28 to the cost of the job. Rozema also suggested that Bond “run the money through her business.”

Berman and Bond rejected Rozema’s offer of a bribe. Berman and Bond did not request any compensation or reimbursement for the lobby renovation.

Southpoint currently owes Berman about $500 in sales tax.

Hallway Renovation.

The 2002 – 2003 hallway renovation was a $260,000 project that not included in the lobby renovation. This was a separate volunteer project managed by licensed Interior Designer Rebecca Bond and Interior Decorator Howard Berman.

Because of the logistics of renovating forty (40) floors, Berman and Bond suggested that RJR supervise the contractors. RJR did not supervise the work.

Bond stated she could not supervise the hallway work unless she was paid for her time. Because of the mistreatment by RJR and the Board, she also stated that she would not volunteer her service or wholesale sources for the benefit of the building on any subsequent project.

She offered to supervise to project for five-percent when all others refused to volunteer. Howard Berman then said he would supervise the project without charge.

Marble.

An estimated 1,000 square feet of “crema marfil” and “dark imperador” marble was left over after the lobby renovation. The wholesale value is $6,000. The quantity of marble was specified by Gino Recine (Southpoint’s marble technician).

When the lobby was completed in 2001, the surplus was stored in an unlocked, unsecured room behind the elevator shaft in the North G1 parking garage.

In late 2001 or early 2002, about 700 square of the stored, surplus marble “disappeared.” RJR and Richard Gabrielle claimed to have reported this to the police, but no police report exists.

A confidential informant stated that that Gino Recine had installed the missing marble in 1701-South. This has been verified by Rebecca Bond and Susan Loman. Ms. Loman is the painting contractor used for the lobby renovation.

Carpeting.

A Resident’s Committee was established to address the replacement of the hallway carpeting throughout Southpoint. This included the hallways of each of the forty (40) floors of the Southpoint Condominium complex.

The Resident’s Committee originally selected replacement carpeting through a competitive process leading to three vendors. At the end of the selection process, samples of the selected carpet were found to be two ounces short of the 36 oz. specification.

This is a minor difference from the specification. When the discrepancy was detected, the Carpet Mill offered a fifty-percent (50%) price reduction to $110,000 and a ten-year (10) guarantee.

RJR’s response was to hold a secret, illegal meeting to select an inferior carpet, and had it installed at an increased price of $175,000. This secret meeting was held in the residence of Marty Glazer.

Those present at the meeting were Robert John Rozema, Morris Baum, Marty Glazer, Murray Mosquivitz, Lois Ginsberg, Helen Cato, Carol Gershbium, Jack Effrain, Patricia Pastor, Rebecca Bond, and Delores French. There was no advance notice.

Rebecca Bond, Jack Effrain, and Morris Baum opposed the vote.

High quality carpet, such as the carpet that was being replaced, is held in place using a technology of “tack strips.” Inferior carpeting, such as that selected by the secret meeting, is glued to the flooring.

This is important because in the event of a water spill, “tack strip” carpeting can be lifted, dried, and reinstalled without damage. In contrast, glued carpet cannot be lifted and effectively dried, and becomes a breeding ground for mold and mildew.

Because Southpoint has 400 air-to-water air conditioners and 400 individual water heaters in utility closets on the hallways, so it is not a matter of if there will be a water spill, but when. Removal of glued carpeting requires about three (3) times the labor cost as installation, since the flooring must be scraped to remove all traces of the glue.

Carpet Fire Hazard.

In a meeting attended by Robert John Rozema, John Schwarz, then Chief of Southpoint Security, and three other owners, John Schwarz lit the new carpet with his lighter and it burst into huge flames and burned fiercely. Mr. Minardos took photographs of this dangerous fire hazard. Robert John Rozema and his co-conspirators are ignoring this fire hazard.

The wasted yard goods, which are a proven fire hazard, and which show black blotches, are stored in the Employee Break Room. This area is open to the oceans air, and is a breeding ground for rats, mice, and other vermin. Spontaneous combustion, a cigarette butt, or a stray match could engulf these wasted carpet goods and cause a major fire at Southpoint.

Although the carpeting is only one year old, there is confirmation of its inferior quality. Oil is seeping through the backing into the carpet fabric, showing as black spots or blotches. Although Southpoint has a maintenance staff, Robert John Rozema has had the carpet cleaned by an outside firm four times at a cost of $2,725 each time, for a total cost of $10,900.

RJR and the Board posted a memorandum that the carpet had been reviewed and specified by a “Professional Decorator.” The truth is that the person was the wife of the owner, was not a decorator, and was simply acting as a sales agent.

The inferior carpeting was ordered through a sales person, rather than a licensed Interior Designer. Instead of the correct thirteen (13) foot wide rolls, fourteen (14) foot wide rolls were orders. This mistake alone is a waste of almost $10,000. [ 1’X 4,622 Feet of Carpet that was of no value, this 1 foot of waste is 513.56 square yards the cost of $16.99 plus Sales Tax and Freight = $18.36 per yard ]

The carpeting was delivered and installed by Resource. This is also the company that has received over $10,000 to clean the “new” carpeting.

It is believed that Resource is owned by Cambridge Carpets (Beaulieu), the vendor that supplied the carpeting.

Board Member Marty Glazer has refused to accept a certified letter concerning the carpeting.

RJR, Marty Glazer, and the Board have refused all requests to seek a refund and/or replacement of the inferior carpeting.

Windows.

The window replacement was another fraud created by Marty Glazer. All owners whose apartments faced the ocean were told they must replace their windows using the window vendor selected by the House Committee. There was no competitive bidding for selection of the window vendor. Although FS718 requires a minimum of three (3) bids, RJR and Marty Glazer selected one vendor without the required competitive bidding process.

The prices for these replacement windows and their installation was about 3 or 4 times normal retail. Similar to the inferior carpeting, the windows were inferior (do not meet new building code) and fantastically overpriced.

RJR, Marty Glazer and the Board represented the replacement windows to be “high impact” windows. The fact is the windows are labeled as having “tempered glass.” Tempered glass is not high impact glass.

We believe the window vendor kicked back 25 – 50% of the total to Marty Glazer, who split the profits with his co-conspirators in the House Committee.

N.B. Marty Glazer of the House Committee is also behind the inferior carpet installation.

Elevators.

We do not have details of this project. However, we believe the House Committee selected a vendor based upon the vendor’s willingness to kickback funds. This project was about $500,000, and should have come with a substantial guarantee.

However, we continue to appear to pay $26,000 per year to an elevator maintenance company. If the $500,000 elevator renovation was guaranteed, there is no need for a maintenance retainer. If the $500,000 elevator renovation was not guaranteed, then it is negligence on the part of RJR and the Board.

Secret Meetings.

RJR and his committees hold secret meetings and make policy decisions. These meetings either held in secret, or in violation of the 48 hour rule FS718.112(2)(c).

For example:

·        September 10, 2004, Engineering Technical Meeting.

·        November 4, 2004, Technical Committee.

·        November 16, 2004, Technical Committee.

·        October 11, 2004, Inquiry Committee.

·        October 18, 2004, Inquiry Committee.

·        Prior to September 20, 2004, Finance Committee.

Unlicensed Contractors.

RJR and the Board continuously breached their fiduciary duties by continuing to allow unlicensed contractors in the building.

Examples include, but are not limited to the following:

·        308-North repair work.

·        PH10-South removal of carpeting and installation of hard flooring without the necessary soundproofing underlayment.

·        PH10-South renovation of guest bathroom.

·        PH10-South renovation of second bathroom.

·        PH10-South renovation of kitchen.

·        PH10-South electrical changes.

·        PH10-South plumbing changes.

·        Fort Lauderdale Code Enforcement subsequently fined PH10-South for these un-permitted work and required permits and the inspection of all work.

Engagement of Counsel.

At the November 15, 2004, RJR and the Board discussed the engagement of counsel. A motion to engage counsel was seconded without any discussion of this serious action.

RJR and the Board attempted blame this on a small group of disgruntled residents. The reality is that RJR and the Board continues to be in violation of the DBPR Rules and Regulations.

Building Painting.

We do not have details of this project. However, we believe the House Committee selected a vendor based upon the vendor’s willingness to kickback funds.

This project was about $100,000.

Building Balcony Railing Painting.

We do not have details of this project. However, we believe the House Committee selected a vendor based upon the vendor’s willingness to kickback funds.

There were complaints about the quality. Initially RJR claimed the guarantee was five years. Then the guarantee was three years. Then it was too late for any warranty claims.

We believe that RJR received kickbacks.

Installation of Pavers.

We do not have details of this project. However, we believe the House Committee selected a vendor based upon the vendor’s willingness to kickback funds. When this project was selected by Nico Minardos when he was a member of the Board, RJR said it was “impossible.”

Committees.

Southpoint maintains thirteen (13) committees. Richard Gabrielle is on the committees that have budgetary implications.

A letter to Rebecca Bond, dated September 29, 2004, purports to be from the Investigative Committee. This letter demanded production of 13 documents from Ms. Bond even though these documents were required to be maintained by Southpoint by FS 718.

According to the list of Southpoint Committees, there is no Investigative Committee.

House Committee.

The Southpoint House Committee includes Richard Gabrielle, Marty Glazer, Murray Moskovitz, and Stanley Gershbium, Marilyn Korman, Lisa La Marca, Patricia Pastor, Sondra St. Martin, Alan Zeldman.

This is a committee appointed by Robert John Rozema to avoid the requirements of Florida Statues 718, and meet in secrecy.

All large dollar projects are handled by the “House Committee.” It is believed the House Committee’s purpose is to distribute illegal profits from kickbacks and other illegal activities among members of the House Committee.

Detection and Negligent Security.

During the prior election, Rebecca Bond and Nico Minardos were elected to the Board of Directors. They discovered many illegal activities of Robert John Rozema, including the income tax evasion. Despite their best efforts, Robert John Rozema and the other members of the Board refused to comply with Federal and State laws.

When Ms. Bond and Mr. Minardos documented violations to the Florida Department of Business and Professional Regulation, their cars were “keyed” several times in the guarded, secure access Southpoint garage.

We have a limited access, secure parking garage. How is it possible that the cars of Nico Minardos and Rebecca Bond have been vandalized? Only residents and employees have access to our limited access, secure parking garage.

It is not a coincidence that two of the Board’s critics have been the target of vandals in a secure parking garage.

Libel and Slander.

A special meeting was held on Thursday, January 23, 2003. This meeting was a follow-up to the regular meeting held on Monday, January 20, 2003.

• January 20, 2003. At the January 20, 2003 meeting, Board Member, and House Committee Member Richard Gabrielle said to Rebecca Bond:

“Rebecca, if you screw with me you won’t believe what will happen to you. You are in conflict of interest with the 5 percent. That is a civil offense, I could have you put in jail for that and I know who sent you those letters. You are a smart person and you will figure it out.”

•  January 23, 2003. At the January 23, 2003 meeting, Rebecca Bond stated, “we have been accused of getting kickbacks. None of this has any merit or truth. Many of you have said unkind things behind our backs, it has caused hatred and animosity. Never in my life have I been treated with such disrespect.”

• February 17, 2003. Marty Glazer struck Peter Soulious during the February 17, 2003 Board Meeting, telling him to “sit down and shut up.” A police report was filed but Mr. Soulious decided not to press charges against Mr. Glazer.

• Marty Glazer said to Rebecca Bond, “If I say to you, prove that you didn’t, you can’t do that.” Rebecca Bond replied, “Yes I can! You asked me for the proof and I went to Bob’s office and got you the spreadsheet. I gave you a spreadsheet and in that spreadsheet an itemized check by check to every vendor. Now how can we get a kickback from that? You tell me! We came in under budget and you are the one that started the rumors, the lies, and everything else.”

•  September 24, 2004. A letter to the Board from Rebecca Bond stated Murray Moskowitz threatened meMurray Moskowitz said to Rebecca Bond, “People like you wind up in a canal, in the trunk of a car, and you see them on the eleven o’clock news.” Ms. Bond filed a police report, taken by Fort Lauderdale Officer Kaye.

• RJR, Marty Glazer, and Murry Moskowitz were cautioned by Officer Kaye in the Southpoint lobby for their conduct. They used this as a pretext to prevent Ms. Bond’s attendance at their secret Finance Committee meeting.

•       February 15, 2005. A letter of February 15 from Morris Baum, Dolores French, Marty Glazer, Patricia Pastor, and Bob Rozema libeled Nico Minardos and Rebecca Bond. When asked to refute this “hate” letter, Bob Rozema refused to refute the libels contained in the letter.

•       February 17, 2005. This letter is a response to RJR and the Board’s letter of February 15, 2005. This letter refutes the false allegations in a concise, factual manner and is signed by Rebecca Bond, Nico Minardos, Robert Coopchik, and Norma Coopchik.

•       February 18, 2005. This is a letter from Rebecca Bond, Nico Minardos, Robert Coopchik, and Norma Coopchik to Robert Rozema. Ms. Bond asked RJR to refute the libels.

•        RJR’s response was, “I won’t because you have been busting my balls!”

•       February 19, 2005. This “anonymous” letter is directed against Nico Minardos and Rebecca Bond. It accuses Nico of once, taking a shopping cart onto the elevator. It implicitly accused Rebecca Bond of stealing from Southpoint and using the money as providing the money to buy a Mercedes Benz.

Human Resources.

Some unit owners have been denied employment at Southpoint because they live here. Yet RJR is both a unit owner and employee. Larry the Southpoint Engineer, and his girlfriend, are given a free apartment. Larry’s girlfriend is also a Southpoint security guard. This is typical of lack of job description and policy and procedure manual.

Pets.

The original Condominium Documents address the pet issue and state (Page 12) owners may have one dog up to 15 pounds, or one cat or two small birds.

The pet ownership question was raised during the Board membership of Rebecca Bond. Attorney John Aurelius was consulted on the issue.

The Board’s attorney advised RJR and the Board that pet ownership could not be addressed by changing the House Rules and Regulations because it was part of the original Condominium Documents.

A 2/3 majority vote of all owners is required to change the Condominium Documents.

It is believed that although a vote was taken, the proper update of the condominium documents was not made, in violation of Florida Statutes 718 and in violation of RJR’s CAM license. Instead, RJR issued a new House Rule, prohibiting new pets that were not registered before October 2, 2002, and prohibiting replacement pets. This is in clear violation of 718.

Child Support Evasion Conspiracy.

It is believed that RJR and the Board are assisting James Burke (former head of security and now re-titled as Superintendent) evade a child support garnishment from Massachusetts by discarding letters from the Massachusetts Child Support Enforcement Agency addressed to the Southpoint Condominium Association.

A confidential informant informed the citizens group that the Massachusetts Child Support Enforcement Agency has been sending letters to Southpoint to garnish James Burke’s salary, but RJR is having them destroyed and refusing to respond to the Massachusetts Child Support Enforcement Agency.

This is an active case with the Massachusetts Child Support Enforcement Agency. There is a large child support arrearage.

The Massachusetts Case number is 000-879-396.

Annual Meeting Voting Extension.

The annual meeting, which includes the Board of Directors election, is March 1, 2005 at 8:30 p.m. The Condominium Documents state the end of voting shall be 4:00 p.m. On February 25, 2005, RJR posted a notice (see copy) in the mailroom, extending the voting from 4:00 p.m. until 8:30 p.m. This is in violation of the Condo Docs and FS 718.

Campaign Access.

The latest House Rules now attempt to prohibit peaceful assembly in the common areas of Southpoint, discussion of political issues, campaigning, and discussing political issues with other owners. These new rules are self serving, a conflict of interest, and are an open attempt to create an unfair advantage for the incumbents who can use Southpoint’s resources to communicate with the Owners.

The attempt to fine Grayson Walker for distributing campaign literature is improper and self-serving. The actions of supporters of a candidate are not the responsibility of the candidate, and the candidate cannot be held responsible for such actions.

RJR and the Board’s letter to Grayson Walker of February 18, 2005 is self-serving, a conflict of interest, and not based upon facts.

Noise Problems Ignored - Walker.

Failure to enforce the House Rules by RJR and Board. Grayson Walker’s – 2110-South - noise complaint dates to March 20, 2002, almost three years. The problem was acknowledged in a letter from RJR on July 30, 2002, but no action has been taken. Between March 20, 2002 and today, RJR and the Board have received over 40 letters reporting the noise problem.

Three years of inaction despite over 40 problem reports may represent criminal negligence on the part of RJR and the Board. Florida law permits the Court to award punitive damages in such cases. These punitive damages are against each member of the Board, and not against the Southpoint Condominium Association.

Thus, each member of the Board is liable for punitive damages estimated at $105,000.

RJR and the Board allowed unlicensed contractors to work on PH10, including the removal of carpeting and installation of hard flooring without the necessary soundproofing underlayment.

RJR and the Board allowed extensive renovation work to take place despite the fact the only permit was to replace the air conditioner.

Subsequently, Fort Lauderdale Code Enforcement has fined and penalized PH10 for these un-permitted renovations and required permits and the inspection of all work.

RJR told other members of the Board to ignore this complaint because Grayson Walker is “crazy.”

It is believed that RJR received money to allow the un-permitted renovation, use of unlicensed contractors, and to ignore the noise problem.

Noise Problems Ignored - Mathis.

Failure to enforce the House Rules by RJR and Board. 909-South has complained of a noise problem. The problem was acknowledged in a letter from RJR, but no action has been taken.

Noise Problems Ignored - General.

Failure to enforce the House Rules by RJR and Board. Based upon conversations with current members of the Board, it is believed there are numerous noise complaints that are being ignored by RJR and the Board. The magnitude of this problem is acknowledged by RJR and the Board, yet no action is taken.

Allegations:

•       1990 – 2005 – 15 counts of Income tax evasion by RJR.

•       Disability fraud by Robert John Rozema.

•        New Jersey Office of Insurance Fraud Prosecution, Case Number 04-1608. Active investigation for fraud by RJR. 609-896-8957 -- 609-896-8888)

•        Multiple violations of Florida Statutes 718 by Robert John Rozema.

•      1990-2005 – 15 counts of holding position as Manager without a contract in violation of Florida Statues 718.

•       Negligence against RJR, Board, and Head of Security for failing to maintaining building security – incident #1 of vandalism against Nico Minardos.

•       Negligence against RJR, Board, and Head of Security for failing to maintaining building security – incident #2 of vandalism against Nico Minardos.

•       Negligence against RJR, Board, and Head of Security for failing to maintaining building security – incident #1 of vandalism against Rebecca Bond.

•       Three counts of conspiracy to commit vandalism by RJR.

•        Failure to enforce the House Rules by RJR and Board. Grayson Walker noise complaint dates to March 20, 2002, almost three years. The problem was acknowledged by letter from RJR on July 30, 2002, but no action has been taken. RJR told other Board members to ignore the complaint because RJR said that Dr. Walker was crazy.

•      Violation of fiduciary responsibility by RJR and Board.

•      Conflict of Interest by RJR.

•      Conflict of Interest by RJR who uses his Insurance Agent license to collect commission on Southpoint’s insurance.

•      Violation of DBPR with respect to RJR’s Insurance Agent license.

•      Libel against Nico Minardos by RJR.

•      Libel against Rebecca Bond by RJR.

•      Slander against Nico Minardos by RJR.

•      Slander against Rebecca Bond by RJR.

•       Conspiracy to defraud the IRS by Robert John Rozema, Richard Gabrielle, Murray Moskovitz, Marty Glazer, Morris Baum, Michael J. Longo, Dumont St. Martin, Teddy Spatz, Patricia Pastor, Delores French, Harold Krauss, Sam & Lois Ginsberg, and Stanley & Carol Gershbium.

•       Violation of Florida Concealed Weapon Permit by Stanley Gershbein. At a Board meeting (date tba), he “flashed” his weapon by exposing it during the meeting. After flashing his weapon, he approached Rebecca Bond, pointed his finger at her as if he had a pistol in his hand, and accused her of stealing the missing marble.

•       Using the incident above – battery charge against Gershbein.

•       Violation of 718 requirement to read minutes by RJR and Board. 15 years of counts.

•       Violation of 718 requirements to record new business in minutes – by RJR and Board. 15 years of violations.

•       Violation of 718 requirements to file updated condominium documents – and posting pet rule in violation of condominium documents.

•       Violation of Federal Child Support Enforcement Laws by assisting James Burke evade having his salary garnished by Massachusetts. Possible other state violations from this action.

•       Negligence by RJR and Board for failing to return and protect the surplus marble.

•       Richard Gabrielle and Murray Moskowitz orally harassed and attacked Rebecca Bond concerning the police reports and calling police.

•       Negligence by RJR, the Board, and Security. Anthony Di Stefano in 706-North was robbed on August 4, 2004. Police report number 04-97091.

Remedies:

•      Removal of RJR, Board of Directors, and Head of Security.

•      Vacate all rules and decisions made during RJR’s 14 year tenure.

•      Restore House Rules and Regulations as of 1990.

•        Removal of condominium membership of RJR, forcing him to leave Southpoint.

•        Reimbursement by RJR of all illegally obtained income from petty cash, plus interest, estimated in excess of $500,000.

•        Reimbursement by RJR of all illegal reimbursements of maintenance fees, estimated in excess of $50,000.

•         Lien against 308-South because due to default on maintenance fees, estimated in excess of $50,000.

•        Administrative Revocation of RJR’s CAM license.

•        Detailed forensic accounting of last 14 years of Southpoint expenditures.

•        Appointment of Condominium Receiver until proper elections can be held to select Board

•        Correction of all DBPR violations.

•        Development of proper House Rules to include personnel policy and procedures.

•        Development of a Southpoint Code of Ethics and Code of Conduct.

•        Enforcement of the House Rules by RJR and Board. Grayson Walker’s noise complaint dates to March 20, 2002, almost three years. The problem was acknowledged by letter from RJR on July 30, 2002, but no action has been taken. RJR instructed the Board to ignore the complaint because he said Dr. Walker was crazy.

•       Punitive Damages. Florida Law permits the Court to award $100 per day in punitive damages for such negligence, so we seek $105,000 plus in punitive damages from RJR personally and from each other member of the Board.

               Punitive damages are not being sought against the Southpoint Condominium

               Association, but against RJR personally, and each other member of the Board

•        Referral to proper authorities for any and all Constitutional, Federal, States, Local, and/or Administrative violations.

•        Search Warrant For Marble. We believe that RJR allowed Gino Racine to “take” the marble and install it in 1701-S for an estimated fee of $10.00 per square foot -- $7,000. We believe Gino and RJR split the profit.

Laws.

Below is sample of the laws violated by Southpoint and its Directors and Officers, and is by no means a limitation of the violations alleged. The unit owners are seeking redress for the wrongs as follows:

718.1255, Fla.Stat.

We are seeking an immediate voluntary mediation.

718.303, Fla. Stat.

We are seeking an injunction, reimbursement of Robert John Rozema’s assessments and common assessment fees, attorney’s fees, and costs. These assessments may not be waived by law.

718.112 (2)(A)(2), Fla.Stat

The Bylaws have been violated in numerous ways. The handling of written inquiries has been violated; the Bylaws are not valid unless recorded; if an owner requests in writing by certified mail an inquiry, it must be properly responded to within 30 days of receipt of the inquiry (2); the Board of Administration has violated the meeting requirements 2©; the Budget Meetings have not been handled properly and with notice (2)(g); and the Amendments to the Bylaws has not been conducted properly (2)(h). We are seeking redress by a vote and recall of all the Board of Directors by majority vote to be held, with or without cause (2)(j); and we are seeking a mandatory nonbinding Arbitration immediately pursuant to 718.1255.

718.3026, Fla.Stat.

There have been violation of contracts not being in writing and bids not being handled properly. The exceptions have not been met by 2/3 of the vote of unit owners to approve an opt-out.

718.123, Fla.Stat.

The right of owners to peaceably assemble has been violated. The unit owners have a right to assemble and it has been unreasonably restricted. Further, it has been used to limit candidate’s right to speak and improperly used to extend the voting time on the upcoming election.

718.3025

There has been a violation of agreements for management. All services and obligations must be in writing and must meet the requirements of law. If it does not meet these requirements, it is unenforceable on the face of the contract. As an example, Rozema has no employment agreement.

718.111, Fla.Stat.

The association is being challenged for negligent management, maintenance and operation (3); for failure to correctly collect assessments and manage the common areas (4); for failing to comply with the official records requirements (12)(a) of property rules (5), minutes (6), bylaws (3), amendments (3), declarations (2), insurance policies (8), and management agreements; (9), failure to maintain account records of 7 years (a-d); no current question and answer sheet; (14), failure to maintain other records as required by law (15); unreasonable rules on access to documents, copies and costs (15)(c); thereby causing damages, actual damages after 10 days, $50.00 per day fines, and attorney’s fees and costs.

718.11, Fla.Stat.

The association is failing to maintain accurate financial reporting 13(a)(3) by not having proper audited statements; by not providing cash receipts and expenses (13)(d)(1) and by admittedly commingling funds (14).

718.117, Fla.Stat.

We are seeking to terminate board of directors and/or the association and appoint a receiver to manage the building for all the violations set forth herein.

718.116, Fla.Stat.

There are violations of the assessment and liability requirements of the law by not charging Rozema for his share of the assessments for his unit and the common areas. A unit owner is liable for the assessments on his unit (1), and may not be excused from the common expense assessments unless all unit owners are likewise excused (9)(a) and we are seeking the payment from Mr. Rozema within 30 days at 18% interest annually or as set forth in the declaration, for the association to file a claim of lien on his unit and to foreclose on that lien if not paid in full.

Breach of Fiduciary Duty by the Board.

718.303, Fla.Stat.

A unit owner may file for an injunction and damages for the failure of the association or its board members for complying with Florida law. The Board Members must willfully and knowingly fail to comply as herein and we are seeking fines at $100.00 per day for each violation, up to $1,000.00 per violation, for reimbursement of all unauthorized deductions in the board’s assessment fees, for attorney’s fees and costs for the litigation and a deduction of the share of the attorney’s fees to be assessed against the unit owners who are participating in this investigation as litigants. This provision cannot be waived by the Association or board of directors.

718.302, Fla.Stat.

We are seeking a summary judgment under 51.001, Fla. Stat. and to compel compliance by the association with 718.31 and 718.301 Fla.Stat. and for attorney’s fees and costs.

718.301, Fla. Stat.

We are seeking the production of all documents required to be maintained under this section of the law.

718.125, Fla. Stat.

We are seeking attorney’s fees and costs.

718.120, Fla.Stat.

There are Taxation issues in that there have not been taxes paid on the individual condominium parcel where the assessments were waived.

718.115,Fla.Stat.

There are common area expenses that have not been accurately handled in that the expenses must be provided for as set forth in the Condo. Documents and Bylaws and have not been (1)(a).

718.113, Fla.Stat.

Unlicensed contractor have been allowed to make repairs in certain units thereby adversely affecting the safety and/or security of the building (3); and there have been violation of the hurricane shutters and/or laminated glass provision (5).

718.1124, Fla.Stat.

This is our 30 day litigation notice that we want the vacancies on the Board of Directors, if applicable to be  filled by the courts appointing a receiver to manage the Association as needed.

Southpoint House Rules and Regulations.

There are numerous violations of the Southpoint House Rules and Regulations that will be enumerated later.

Other Laws.

This is by no means an exhaustive list of violations observed. There are constitutional violations, other state laws, administrative laws and  such to be addressed.

Requested Documents:

•        1990 – 2005 Southpoint detailed, line-item budget.

•        1990 – 2005 Southpoint W-2 forms for all part-time and full-time employees.

•        1990 – 2005 Southpoint 1099 forms for all part-time and full-time employees.

•       1990 – 2005 Southpoint employment contracts.

•       1990 – 2005 Southpoint vendor contracts.

•        1990 – 2005 Southpoint independent financial audits.

•        1990 – 2005 Southpoint House Rules.

•        1990 – 2005 Southpoint Board Meeting Minutes.

•        1990 – 2005 Southpoint Mandatory Notice of Board Meetings.

•        1990 – 2005 Southpoint pay stubs for RJR.

•        All disability records for Robert John Rozema.

•        All medical records for Robert John Rozema.

•        1990 – 2005 W-2 forms for Robert John Rozema. 

•        1990 – 2005 1040 forms for Robert John Rozema, Richard Gabrielle, Murray Moskovitz, Marty Glazer, Morris Baum, Michael J. Longo, Dumont St. Martin, Teddy Spatz, Patricia Pastor, Delores French, Harold Krauss, Sam & Lois Ginsberg, and Stanley & Carol Gershbium.

•        1990 – 2005 all bank accounts, checking, savings, brokerage, investment, retirement statements (or any other financial accounts, in the United States or abroad) for Robert John Rozema, Richard Gabrielle, Murray Moskovitz, Marty Glazer, Morris Baum, Michael J. Longo, Dumont St. Martin, Teddy Spatz, Patricia Pastor, Delores French, Harold Krauss, Sam & Lois Ginsberg, and Stanley & Carol Gershbium.

Request for Voluntary Mediation.

We are requesting an immediate Voluntary Mediation to resolve all matters quickly and efficiently. If this is not agreeable, then Court intervention will be sought.

Conclusion

In conclusion, it is apparent that there are severe problems, factually and legally, with the handling of the Association by the current Management and Board of Directors that must be addressed immediately. Based on the number and intensity of the complaints addressed herein, we request that Rozema not run in the current election and  that the Association, management, security and office personnel, and all other Board Members fully cooperate with the resolve of the complaints set forth herein.