LAW SUIT OTTER KEY CONDOMINIUM ASSOCIATION, INC.

OTTER KEY CONDOMINIUM ASSOCIATION, INC.;MOONYEEN EVERETT, ANTHONY SIME, WILLIAM TROST, GILDA DINSMORE, EVELYN JOHNSON in their individual capacity and as directors of OTTER KEY CONDOMINIUM ASSOCIATION, INC.; and ROBERT C. LARTZ, DEAN GARFIELD

COMES NOW, Ian A. Murphy (hereinafter “Plaintiff”),and hereby sues Otter Key Condominium Association, Inc., a Florida non profit corporation, Moonyeen Everett, Anthony Sime, William Trost, Dean Garfield, Gilda Dinsmore, Evelyn Johnson in their individual capacity and as directors of the Otter Key Condominium Association, Inc. (sometimes hereinafter referred to as the “Officers”), and Robert C. Lartz, and states as follows:

2. All acts relevant to the present cause of action occurred in Pinellas County, Florida.

3. The real property that is the subject matter of the present action is located in Pinellas County, Florida.

4. Defendant Otter Key Condominium Association, Inc. (the “Association”) is a Florida non profit corporation.

5. At all times relevant hereto, Defendant Moonyeen Everett was a resident of Pinellas County, Florida, and was an Officer of the Association.

6. At all times relevant hereto, Defendant Anthony Sime was a resident of Pinellas County, Florida, and was an Officer of the Association.

7. At all times relevant hereto, Defendant William Trost was a resident of Pinellas County, Florida, and was an Officer of the Association.

8. At all times relevant hereto, Defendant Gilda Dinsmore was a resident of Pinellas County, Florida, and was an Officer of the Association.

9. At all times relevant hereto, Defendant Evelyn Johnson was a resident of Pinellas County, Florida, and was an Officer of the Association.

10. At all times relevant hereto, Defendant Robert Lars was a resident of Pinellas County, Florida, and was a member of the Association.

11. At all times relevant hereto, Plaintiff Ian Murphy was a resident of Pinellas County, Florida, and was a member of the Association.

12. On or about October 2, 2002 Plaintiff purchased a condominium unit (the “Unit”) located at 5400 Park Street North, Unit #403, St. Petersburg, Florida, in the Otter Key Condominiums (Otter Key).

14. Otter Key is primarily occupied by elderly residents, however there is no requirement that a person be a particular age to live in Otter Key.

15. From the very first day Plaintiff moved into Otter Key he began to be harassed by the Officers of the board of directors of Otter Key, and by some other members of the Association with the Directors acquiesonce.

a. When Plaintiff was moving in, his moving truck was backed up to the building so it could be unloaded, however he was told by an Officer to move it immediately in case an ambulance needed to be summoned.

b. Plaintiff used an Association shopping cart to assist moving his belongings into his Unit only to discovery the next day someone had forcibly wedged the shopping cart into his entrance in such a fashion that he could not open his door to exit his Unit.

c. Each unit has a mail box to receive mail from the U.S. Postal Service, and Plaintiff’s mail box was labeled by either one of the Officers, or by a member with the acquiesence of the officers, as “MURPHY, Idiot”. See Exhibit “A” attached hereto and made part hereof.

d. Within two weeks of moving in, Plaintiff was told his clothes dryer was blowing lint onto the walkways and needed to be cleaned. See Exhibit “B” the “Lint Letter” attached hereto and made part hereof.

e. An Officer, or someone with the consent or with the acquiesence of the Officers, sent Plaintiff hate mail in an Association envelope. See Exhibit “C” attached hereto and made part hereof.

f. An Officer announced at an Association meeting that Plaintiff was an arsonist, a drug addict, and had mental problems.

g. Someone taped a prescription drug bottle to Plaintiff’s door with a note attached stating “drug addict”.

h. Bob Lars,a unit owner, with the Officers’ consent or acquiesence, taped an email letter to the main bulletin board which stated Plaintiff was an arsonist, made bombs, spent most of his life in prison or under psychiatric care, used to live on the streets, and has no income. See Exhibit “D” attached hereto and made part hereof.

i. Apparently the announcement at the Association meeting, coupled with the email letter attached to the bulletin board, achieved the desired results as Plaintiff started receiving hate mail from other members of the Association. See Exhibit “E” attached hereto and made part hereof.

17. Because of the constant harassment as stated above, Plaintiff decided he would run for a position on the Board of Directors so he could effectively stop the harassment.

18. When the Board discovered that the Plaintiff was a candidate for election to the Board, the Officers approved the use of Association funds to pay for a criminal background check on Plaintiff. The use of the funds to individually target Plaintiff for a background check was done without the signed consent of the Plaintiff and was done only for the Plaintiff as a candidate, but not for any other candidate. The unconsented to information was then published members of the Association for the self dealing benefit of the incumbent directors who were also candidates for reelection to the Board of Directors.

19. The Officers then went on a campaign, using information and self dealing tactice to assure Plaintiff would not be elected.

20. Further, while all of this was taking place, the Officers knew Plaintiff keep very expensive electronic equipment in his Unit.

21. Because of this equipment, Plaintiff has very strict electric requirements, such as the use and maintenance of electronic surge protection equipment.

22. Otter Key is designed in such a fashion that all electric meters and circuit breaker boxes are located in one room that is always locked.

23. It is the responsibility of each member of the Association to maintain their own electric meter and circuit breaker box.

24. As such, the electric meter and circuit breaker boxes are not common elements, they are private property owned by each individual member of the Association.

25. Plaintiff requested to have a key to the electric meter room, but the Officers denied the request for no legitimate reason.

26. Further, the Officers refuse to allow Plaintiff admittance into the room at all times, especially when a electric surge has occurred so he can check the status of his electronic surge equipment. Plaintiff was told that he could have access by obtaining a key from a Board member, which key was readily available. Despite numerous requests, by phone and in person to the directors/officers, Plaintiff has been denied access. Board members have not responded to his numerous phone requests. In fact, one officer said she didn't even know where the meter room was located.

27. To justify their decision, an Officer libelously announced at an Association meeting that if they allowed Plaintiff access to the electric meter room, Plaintiff would rip out the wires and sell them for cocaine.

28. Due to surges at Otter Key, Plaintiff has already sustained major damage to some of his electronic equipment.

29. Because of the Officers constant harassment, Plaintiff is under extreme stress which requires medical attention.

32. There is a bona fide, actual, present practical need for the declaration because Plaintiff has been denied access to his own private property. Namely, Plaintiff has been denied access to his electric meter, surge protection equipment, and circuit breaker box.

33. The declaration will deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts, as to whether the electric meter, surge protection equipment, and circuit breaker box are member owned and as such, a member has a right of access to the equipment at any time.

34. The rights of Plaintiff have been infringed upon in that he has been denied access to his personal property, the electric meter, surge protection equipment, and circuit breaker box.

35. The Officers have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter.

36. All necessary parties are before the Court and the relief sought is not to obtain legal advice, but to obtain an Order directing the Officers to allow any member of the Association to have access to their electric meter, surge protection equipment, and circuit breaker box.

37. Plaintiff has agreed to pay the undersigned a reasonable fee which he demands be paid by the Association as required by law.

WHEREFORE, Plaintiff respectfully requests the Court enter a declaratory judgment finding the electric meters, surge protection equipment, and circuit breaker boxes are private property owned by the members of the Association and that they should have unrestrained access to the electric room at all times, that Plaintiff should be awarded reasonable attorney fees and costs, and for such further relief as the Court deems necessary and proper.

In their individual capacity and as directors of the Otter Key Condominium Association, Inc.

40. Pursuant to Florida Statutes §718.111(1)(a), the Officers of the Association had a fiduciary duty to Plaintiff.

41. Fiduciary duty is defined as the duty to act for someone else’s benefit, while subordinating one’s personal interest to that of the other. It is the highest duty implied by law.

42. The Officers breached that duty by harassing Plaintiff, by publishing, or allowing to be published, libelous documents, by making slanderous statements to third persons to the detriment of Plaintiff, and by using Association funds to obtain and publish a criminal background check on Plaintiff individually, and not on any other candidate for the sole self dealing purpose of obtaining an advantage for the individual incumbent directors reelection campaign to the Board.

43. The Officers’ breach of their duty has created a hostile atmosphere at Otter Key in which Plaintiff is now the brunt of constant harassment by the Officers and other members of the Association.

44. This harassment has caused Plaintiff to suffer emotional distress and has to be under medical care and has had a negative monetary impact on Plaintiff’s business affairs.

45. Plaintiff has agreed to pay the undersigned a reasonable fee which he demands be paid by the Association as required by law.

WHEREFORE, Plaintiff respectfully requests the Court enter a judgment against the Association and its Officers in their individual capacity and as directors of the Otter Key Condominium Association, Inc., finding they breached their fiduciary duty and are joint and severally liable for all damages including but not limited to actual damages and compensatory damages, and that Plaintiff should be awarded reasonable attorney fees and costs, and for such further relief as the Court deems necessary and proper.

In their individual capacity and as directors of the Otter Key Condominium Association, Inc.

48. The Officers had a fiduciary duty to the members of the Association to manage Association funds for the use, benefit and enjoyment of the Association.

49. The Officers breached their duty and converted Association funds to their personal use when they used Association funds to pay for a criminal background check on Plaintiff as a candidate for the Board for the self dealing purpose of obtaining a personal advantage in their own reelection campaign for the Board over the Plaintiff. No criminal background checks were done on any other candidate for the Board, other than the Plaintiff.

50. This use of Association was not for the benefit of the Association, but was for the personal use of the Officer in discrediting Plaintiff while campaigning for a position on the board of directors.

51. The Officers wrongfully took dominion and control of the Association’s funds and used those funds to further their own personal agenda.

52. Plaintiff has agreed to pay the undersigned a reasonable fee which he demands be paid by the Association as required by law.

WHEREFORE, Plaintiff respectfully requests the Court enter a judgment against the Officers in their individual capacity and as directors of the Otter Key Condominium Association, Inc., finding they converted Association funds to their personal use and therefore are joint and severally liable for all damages including but not limited to actual damages and compensatory damages, and that Plaintiff should be awarded reasonable attorney fees and costs, and for such further relief as the Court deems necessary and proper.

In their individual capacity and as directors of the Otter Key Condominium Association, Inc.

55. The Officers had a fiduciary duty to the members of the Association to manage Association funds for the use, benefit and enjoyment of the Association.

56. The Officers breached their duty by misappropriating Association funds to their personal use when they used Association funds to pay for a criminal background check on Plaintiff.

57. This use of Association was not for the benefit of the Association, but was for the personal use of the Officer in discrediting Plaintiff while campaigning for a position on the board of directors.

58. The Officers wrongfully misappropriated of the Association’s funds and used those funds to further their own personal agenda.

59. Plaintiff has agreed to pay the undersigned a reasonable fee which he demands be paid be the Association as required by law.

WHEREFORE, Plaintiff respectfully requests the Court enter a judgment against the Officers in their individual capacity and as directors of the Otter Key Condominium Association, Inc., finding they misappropriated Association funds and therefore are joint and severally liable for all damages including but not limited to actual damages and compensatory damages, and that Plaintiff should be awarded reasonable attorney fees and costs, and for such further relief as the Court deems necessary and proper.

In their individual capacity and as directors of the Otter Key Condominium Association, Inc. and the

63. Robert Lars, with the consent of the Officers, published false and defamatory statements and/or documents about Plaintiff without taking reasonable care to ascertain the truth or falsity of the defamatory statements.

64. Plaintiff has been damaged as the false and defamatory statements have been published to third parties causing Plaintiff’s reputation to be damaged in his community, and causing Plaintiff to suffer from extreme stress requiring medical supervision.

WHEREFORE, Plaintiff respectfully requests the Court enter a judgment against Robert Lars, the Association, and its Officers in their individual capacity and as directors of the Otter Key Condominium Association, Inc., finding they committed libel pre se and therefore are joint and severally liable for all damages including but not limited to actual damages and compensatory damages, and that Plaintiff should be awarded reasonable attorney fees and costs, and for such further relief as the Court deems necessary and proper.

In their individual capacity and as directors of the Otter Key Condominium Association, Inc.

68. The Officers published false and defamatory statements about Plaintiff without taking reasonable care to ascertain the truth or falsity of the defamatory statements.

69. Plaintiff has been damages as the false and defamatory statements have been published to third parties causing Plaintiff’s reputation to be damaged in his community, and causing Plaintiff to suffer from extreme stress requiring medical supervision.

WHEREFORE, Plaintiff respectfully requests the Court enter a judgment against the Officers in their individual capacity and as directors of the Otter Key Condominium Association, Inc., finding they committed libel pre se and therefore are joint and severally liable for all damages including but not limited to actual damages and compensatory damages, and that Plaintiff should be awarded reasonable attorney fees and costs, and for such further relief as the Court deems necessary and proper.

The foregoing instrument was acknowledged by me this ____ day of JUNE, 2005 by IAN MURPHY, who is personally known to me or produced Florida Driver's license as identification and did take an oath.