Article Courtesy of THE FORT LAUDERDALE CITY NEWS

By Grayson Walker, Ph.D.

Published January 2007

The word gulag is an acronym for the former Soviet Union’s penal system. Since then, it has come into common use to describe any repressive system. Thus, the name of my column is the Galt Gulag.

In this regular column, I write about the lives of Owners of Florida condominiums.

Your response to my inaugural column in the December issue of the Fort Lauderdale City News has been incredible. Thank you! I have received many telephone calls and emails and met with many of you and heard your stories of graft, corruption, violence, and intimidation. All of you are unhappy with the actions of your Board. The adjectives used to describe them ranged from abusive to criminal. In future columns I will try to tell all your stories and shine the light of truth on the illegal actions of your Boards.

One person suggested that my column reduces the value of the Galt’s condominiums. I explained to him that it is the graft, corruption, violence, and intimidation that reduces the values on the Galt. We are a nation of laws, and we must demand that our condominium laws be enforced.

Einstein said, “The world is a dangerous place to live — not because of the people who are evil, but because of the people who don’t do anything about it.”

It is time to do something about the evils in our condominiums. I hope that our new Governor and Legislature pay attention to our complaints and take action to correct these evils. While we all miss former Ombudsman, Dr. Virgil Rizzo, we all hope that our new Governor will appoint a new Ombudsman and empower the office to act. We have all had enough of the lip service paid to the abuses we suffer at the hands of our Boards.

AARP’S CONDOMINIUM OWNERS BILL OF RIGHTS

The Governor and Legislature should realize that an 800-pound gorilla has entered the room. I refer to the AARP, an organization of 36-million members. The AARP has recognized the extensive problems that face owners in condominiums and homeowner associations. They have published a Bill of Rights for owners, and have asked all fifty-states to adopt this fundamental document to protect the rights of the owners. About one-half of Florida’s two-million-plus condominium owners are over fifty. The AARP is asking Florida’s Legislature to pass laws to protect owners from abusive boards.

State Representative Ellyn Bogdanoff supports the AARP and the necessary reforms to make things better at the state level. During an interview on December 18, Ms. Bogdanoff told me she supports the educating and informing owners and their Boards concerning  Florida Law. Ms. Bogdanoff believes better education of owners and members of Boards will lead to fewer problems.

State Representative Julio Robaina of Miami is leading the grass roots movement for condominium reform. In a recent interview, Mr. Robaina said, “a lot of reform needs to take place.”

CONDOMINIUM LAW ENFORCEMENT -- PILOT PROGRAM

State Representative Robaina has created a pilot program with the State Attorney’s Office, the Florida Department Of Law Enforcement (FDLE), and the Department of Business and Professional Regulation (DBPR) to train all Detectives in Miami/Dade County on “condo crime.” Effective on January 2, 2007, callers to the local police will no longer be given a blanket statement that condominium crime is a civil matter.

Instead, the local police will respond to the report of violations of Florida law. The Miami/Dade pilot program will be extended into Broward and Palm Beach Counties.

Unlike the violation letters from the DBPR, if the Detectives determine there is probable cause, they will arrest Board members, Condominium attorneys, and Condominium staff. No longer will owners be required to pay for forensic audits. Given probable cause that a violation has been committed, the investigation will conduct the necessary forensic audit of condominium books and records.

SOUTHPOINT CENSORSHIP AND CONTROL

If you have ever seen a City Council or School Board meeting, you know that citizens are given the opportunity to address the body, and given a podium and microphone so they can be seen and heard.

Richard Berman was introduced to us by Marty Glazer at the first meeting after Hurricane Wilma as working for Southpoint free. The truth is that “free” was a lie. I have copies of the bills sent to Southpoint by Berman’s law firm. As an owner, you are entitled to see all bills, so ask for a copy of the bills and checks in the office. You will discover that Richard E. Berman charged us $700 to prepare and attend that meeting. Our “free” lawyer’s firm has charged us over $8,000! It is not nice to profit from your neighbors. Be a mensch and return our money.

It is time to address the money issues the Board evaded in their letter sent to owners dated February 24, 2006. The Board has not produced the documentation that shows where the $347,686 that was in the reserves on December 31, 2005 was spent on the necessary repairs dictated by Hurricane Wilma.

What was repaired with this money? Southpoint’s owners have a right to know. Did the Board forget they already assessed $280,000 in 2006 reserves in the November 21, 2005 statements to owners? The entry on that statement under “Annual Assessment-Reserve” is the 2006 reserve assessment that was already paid. Did the Board double charge Southpoint’s owners on their 2006 reserves? Southpoint’s owners have a right to an accounting of this money.

On May 8, 2006, McIntare Associates placed liens on the apartments of Marty Glazer, Murray Moskowitz, and Bob Rozema. Even worse, liens were placed on three innocent Southpoint owners! I interviewed Don McIntare, and he told me the liens were filed because Southpoint failed to pay him. According to McIntare, Southpoint made an initial payment and then refused to pay the rest. The liens appear to mean that Glazer and Moskowitz are no longer in “good standing,” and are not eligible to be on the Board. We need a Board that is financially responsible, not one that made Southpoint the laughing stock of the Galt Mile.

WINDOWS, DOORS, AND THE LAW

In 2004, Florida changed the insurance requirements for condominiums. Florida law supercedes any condominium’s documents. Florida law now requires that condominiums insure our windows and patio doors. 

DBPR Declaratory Statement

In January 2006, the DBPR issued Declaratory Statement DS2005-055, stating that all Florida condominiums are responsible to repair and/or replace anything they are responsible for insuring.

A DBPR Declaratory Statement is like a court ruling. It establishes legal policy for Florida.

The Florida Building Code was passed in October 2004 and became effective January 2005. For high-risk coastal areas, the Florida Building Code of 2005 requires special high-impact window frames and two-layer laminated glass. About 150 apartments have the original windows, about 200 have 1998 windows, and about 50 have windows installed after 2000.

It is highly unlikely, perhaps impossible, that any window installed before 2005 could meet the current Florida Building Code. Thus, it seems that 350 Southpoint apartments have windows that do not meet the 2005 Florida Building Code. In order to meet the 2005 Florida Building Code, it will be necessary for most windows at Southpoint to be replaced.

Southpoint’s Windows -- Who Is Responsible?

Your windows are owned by, and must be insured by Southpoint. If your windows/door need to be repaired, Southpoint is responsible. If your window/ door cannot be repaired to current Code, Southpoint is responsible. What is called the Southpoint window policy appears to be in violation of Florida Law, the DBPR’s Declaratory Statement on Windows, and cannot be enforced. Southpoint, like Palm-Aire, must repair or replace your windows and doors. This was confirmed by a DBPR letter of violation.

In August 2006, Southpoint Owners filed DBPR complaints that Southpoint was in violation of the Florida Law, and DS 2005-055. The DBPR found the complaints to be true, and issued a letter of violation that Southpoint is in violation of Florida Law, and of the DS 2005-055.

After I put this column to bed, Southpoint’s Glazer used the owner’s money to send another of his political letters. At the Board meeting of December 11, 2006, Glazer and his followers denounced this newspaper as a “rag.”

They disparaged publisher Steve Kelley and me. They accused us of attacking Rozema after his death, in ignorance of the truth and the lead times for this column.

However, Glazer’s denials are hollow, ignore the facts, and are simply a weak attempt to smear those who work to bring the truth to you. This newspaper only presents documented facts. In contrast, Glazer whines that mystery people spread rumors and slow him down. He makes excuses about city inspectors, mysterious emails and letters.

Consider the following facts about the Glazerites and Southpoint.

On October 1, 2004, during a Board Meeting, former Board member Rebecca Bond’s life was threatened by Board member Murray Moskowitz. Present were Rozema, Glazer, etc., who did nothing. See Police Report 04-119992.

On July 5, 2005, my car was keyed while locked in the “secure” Southpoint garage. The cars of Nico Minardos and Rebecca Bond were keyed earlier that year. See Police Report 05-83392.

On December 24, 2005, Leonard Champagne was attacked and beaten by Southpoint’s former Security Head.

The attacker was here as a registered overnight guest of a Board Member. See Police Report 05-160285 and State Attorney Intake NC-061602.

On January 26, 2006, Robert Coopchik and I were assaulted by Marty Glazer. See Police Report 06-132373. February 3 through February 7, I was stalked and harassed by former Board member Alan Zeldman. See Police Report 06- 16998. On February 7, 2006, Marty Glazer turned off the lights and stalked out of a Board meeting when the owners preferred to listen to Howard Berman and not Marty. On June 19, 2006, Grayson Walker and other Insurgents’ lives were threatened by anonymous letter. See Police Report 06-77458.

With the violence at Southpoint, some by the Board, and the numerous DBPR findings of violation by the Board, it is time for Glazer and the Board to resign. It is time for a forensic audit ofSouthpoint’s books and an end to this sordid Southpoint saga.

Attorney Inger Garcia can be reached at www.IngerGarcia.com or by telephone at 954-752-1213. 

Jan Bergemann’s Cyber Citizens For Justice is an organization of Owners, for Owners, to protect Owners’ rights. For more information, please visit them at www.CCFJ.net or telephone 386-740-1503.

The AARP’s Bill of Rights for Homeowners is available online at http://assets.aarp.org/rgcenter/consume/2006_15_homeowner.pdf

The local office of the DBPR is located at 1400 West Commercial Boulevard in Fort Lauderdale. Their telephone number is 954-202-3982.

Your State Representative is Ellyn Bogdanoff. She can be reached at 954- 762-3757 or by email at [email protected].

State Representative Julio Robaina can be reached at 305-762-3757 or by email at [email protected] 

On March 6, 2007, Southpoint will elect five members of its nine-member board of directors. At this election, you have the opportunity to clean house and elect a new majority on the Southpoint Board. This is the first chance to do so in two-years. This is a critical election to preserve your property rights. This election is your chance to restore integrity to the governance of Southpoint.

Who we elect will have a great impact on our quality of life at Southpoint as well as reducing our expenses. With a proper board operating in the open, with no secrets, your condo expenses could actually go down. A new board will conduct a comprehensive audit and precisely determine where our association dues have gone, where they are going now and whether or not past and present expenditures are legal. Government in the sunshine is the law of Florida, but unfortunately, not at Southpoint. Southpoint’s board controls a budget of about $2.5 million dollars and must act with great fiscal discretion as our fiduciary. We need the openness and access of government in the sunshine at Southpoint. We must all work together to bring government in the Sunshine to Southpoint.

There is a slate of outstanding candidates for the new Southpoint board, led by Robert Coopchik. Many do not know this, but Robert is the recipient of the Silver Star for heroism during World War II. This is the highest honor other than the Congressional Medal of Honor.

He was also the head of the board of one of New York’s most exclusive condominiums.

Until his retirement, Robert was New York City’s premier furrier. It is important to note that the fur business is based upon trust and integrity, and hundred thousand dollar agreements on the strength of a handshake.

Many of you know Nico Minardos as a successful actor in movies and on television. His list of acting credits is much too long to list here, few know that Nico was also a highly successful businessman and bank board member. It is his expertise as an entrepreneur and businessman that Nico brings back to the board. Vivian Xenos also brings to the Southpoint board her extensive experience in business. She has experience as a successful entrepreneur, and hands-on management of finances and people. Barry Leeds brings that entrepreneurial zeal with years of hands on management experiences in his career as an executive.

Southpoint’s board has been in power too long and it is time to replace them. Help restore ethics, honor, safety and integrity to Southpoint. We endorse the candidacy of the Southpoint Insurgents who have been fighting for your rights for years.

Please vote to protect your property rights. Vote to restore democracy to Southpoint. Please help us rid Southpoint of the Glazerites and vote for Robert Coopchik, Barry Leeds, Nico Minardos, Grayson Walker, and Vivian Xenos.

ABOUT THE AUTHOR:

I own an apartment in the Galt Gulag, at the Southpoint condominium, on the Galt Mile in Fort Lauderdale. Many people do not realize how many rights they give up when they buy an apartment in a condominium association. I have taught various forms of American Government for over twenty-years, but I was not prepared for life in the Galt Gulag.

At the June 2005 Board meeting, Board President Marty Glazer called the critics of the Board “insurgents.” I am an insurgent in the Galt Gulag. I have been assaulted, battered, stalked, had my car keyed, and had my life threatened because I believe in American democracy.

I can be reached at [email protected] or 954-567-0520.

TALES FROM THE GALT GULAG -- PART I