LAWSUIT AGAINST FORMER BOARD MEMBERS BOCA
RIO TOWNHOME ASSOCIATION, INC. -- Boca Raton, FL |
Amended Law suit filed February 26, 2007 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM GENERAL JURISDICTION DIVISION CASE NO: 502007CA002720XXXXM
BOCA RIO TOWNHOME ASSOCIATION, INC. A
PLAINTIFF, V. ALBERT MARSHAL A/K/A ALBERT MARSHALL A/K/A ALBERT S. MARSHAL, BETTY MARSHAL A/K/A BETTY MARSHALL A/K/A ELIZABETH B. MARSHAL and MIKE ADDESSI DEFENDANTS / AMENDED
COMPLAINT FOR
DAMAGES, AND IMPOSITION OF A CONSTRUCTIVE TRUST AND
OTHER EQUITABLE RELIEF
The Plaintiff, BOCA RIO TOWNHOME
ASSOCIATION, INC., a Florida non-profit Corporation, sues the Defendants,
ALBERT MARSHAL A/K/A ALBERT MARSHALL A/K/A ALBERT S. MARSHAL (hereinafter
“ALBERT MARSHAL”), BETTY
MARSHAL A/K/A BETTY MARSHALL A/K/A ELIZABETH B. MARSHAL
(hereinafter “BETTY MARSHAL”), MIKE ADDESSI and (hereinafter
“ADDESSI”) and as grounds therefore, alleges the following: No
Director shall receive compensation for any service he may render to the
Association. However, any
Director may be reimbursed for his actual expenses incurred in the
performance of his duties.
a. Director Steve Finehirsch turned the meeting over to Attorney Leigh Katzman, who was requested to attend by BETTY MARSHAL; b. Finehirsch reported that Michael Broderick, Trident Management Company (Trident) reported that Haspel resigned as President of the Board on December 16, 2003; c. BETTY MARSHAL was appointed by the Board to a three year term as director and was elected as President of the Board; d. Directors Steven Finehirsch and Jim Natale tendered resignations and were re-appointed to the Board for a term of three years. Finehirsch was elected to the office of Vice President of the Board, and Natale was elected to the office of Treasurer; a. Failing to review the ASSOCIATION books and records, including financial statements, bank accounts and contracts for a period in excess of two years; b. Failing to supervise Officers and Directors who caused monies to be depleted from ASSOCIATION bank accounts, and from collected assessments, in violation of evidenced in Paragraphs 54-64 supra and Article VII Section 2 (b) of the By-Laws attached hereto as Exhibit “Y” and made a part hereof; c. Failing to supervise and acquiescing to the activities of Officers and Directors who wrote BETTY MARSHALL checks in the amount of $9,000, in violation of Article VII Section 2 (b) of the By-Laws and as evidenced in Paragraph 58 supra; d. Accepting a check for $2500 as a “special bonus”, in violation of the By-Laws and without a Board resolution, and as stated in Paragraph 54 supra; e. Failing to supervise the Officers(s) and Director(s) who acquired and used unauthorized Bank card(s) at casinos, on-line gambling websites , various ATMs and other locations in violation of Article VII Section 2 (b) and as stated in Paragraph 60 supra; f. Failing to take action on the unauthorized use of the corporate bank card in the over two years the Director(s)’ ultra vires acts were committed; g. Failing to review the 2006-2007 insurance premium finance agreement signed by BETTY MARSHAL, as stated in Paragraphs 66-69 supra; h. Failing to discover and take action on the misrepresentation made by BETTY MARSHAL to the ASSOCIATION members, regarding the 2006-2007 insurance premium in Paragraph 66-69 supra; i. Failing to require a membership vote before levying special assessments, and increases in assessments, as evidenced in Paragraphs 32 and 67 (c) supra; j. Failing to require a board meeting before voting on increased assessments as stated in Paragraph 32 supra.
a. Signing a check written to ADDESSI, drawn on ASSOCIATION funds, in the amount of $2,500 and logging the check as “special bonus”, as evidenced in Paragraphs 54-57 supra; b. Accepting checks for at least $9,000, written upon ASSOCIATION funds, and logged as “in appreciation” and “gift”, as evidenced in Paragraph 58 supra; c. Obtaining a corporate bank card, and failing to supervise Officer(s) and Director(s) who obtained a corporate bank card to be taken out, which could be and was used by at least two unauthorized persons to withdraw checking account funds and as stated in Paragraph 37 (a) and 60 supra; d. Failing to review bank statements that disclosed cash payments drawn on the ASSOCIATION’s checking account, at online gambling websites, and withdrawals at ATMs located at casinos and other locations, as stated in Paragraph 60 supra; e. Using the bank card and failing to supervise Officer(s) and Director(s) who used the bank card to make unauthorized cash withdrawals and payments as stated in Paragraph 60 supra; f. Causing and failing to supervise Officer(s) and Director(s) who caused monies to be depleted from ASSOCIATION bank accounts, and from collected assessments, as evidenced in Paragraphs 54-64 supra; g. Canceling and not re-scheduling annual elections in 2004, 2005, and 2006, and continually rolling over or reappointing Board members, in violation of §720.306 (2) of the Florida Statutes, and Article VIII (a) and (d) of the By-Laws. See Exhibit “B”; h. Failing to maintain and failing to supervise Officer(s) and Director(s) who failed to maintain the ASSOCIATION books and records within the State of Florida, in violation §720.303 (5) of the Florida Statutes; i. Denying Homeowners and Board members of failing to supervise Officer(s) and Directors(s) who denied access to the ASSOCIATION’S books and records, in violation of §720.303 (5) of the Florida Statutes; k. BETTY MARSHAL’s failure to supervise officers and obtain two signatures on checks and their equivalent of a bank card violate Article VII Section 2 (b) of the By-Laws and Article VIII, Section 8 (a) and (d) of the By-Laws, as shown in Exhibits “B” and “Y”; a. She concealed her actions by having the ASSOCIATION mail sent to her townhouse in Boca Rio, and when she was in Pennsylvania, forwarded to her or ALBERT MARSHAL’s home address there, as stated in Paragraph 33 supra; b. She concealed her actions by failing inform other Board members or the membership of the true costs and allocations of the monies collected on the behalf of the ASSOCIATION; c. She concealed her actions by denying access to ASSOCIATION records to all homeowners, including fellow Board members. COUNT SIXTEEN – INTENTIONAL BREACH OFFIDCUIARY
PRAYER FOR
RELIEF
WHEREFORE, Plaintiff demands
judgment of and from Defendants as follows: A. Actual damages against Defendants BETTY MARSHAL, ALBERT MARSHAL and ADDESSI in an amount to be determined, but known to be at least $610,070, as to Counts 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15 and 16; B. Actual damages against Defendant BETTY MARSHAL in the amount of at least $35,654.33 as to count 5; C. Actual damages against Defendant ADDESSI in the amount of at least $35,643.33 as to count 10; D. Judgment setting aside the fraudulent transfer described in COUNT ONE as a fraudulent transfer and void ab initio, and restoring title to be held by the Defendants BETTY MARSHAL and ALBERT MARSHAL as tenants in common so that the interest of either or both may be subject to levy and sale in satisfaction of a judgment; E. Imposition of a constructive trust described in COUNT TWO upon the real estate of BETTY MARSHAL and ALBERT MARSHAL for the benefit of the Plaintiff and ordering BETTY MARSHAL AND ALBERT MARSHAL to execute deeds to the properties located in Boca Raton, Florida and Dauphine County Pennsylvania, described in Paragraphs 7 and 8 supra, to the Plaintiff; F. Leave to amend the Complaint to permit a claim for punitive damages; G. Leave to amend the Complaint to permit a claim for Civil Theft, upon a showing of proper notice; H. Court costs and reasonable attorneys’ fees, pursuant to §720.305(1) of the Florida Statutes, and Article XIII of the Declaration of Restrictions for Boca Rio; I. Jury Trial for those issues triable by jury as a matter of right; J. Such other and further relief as the Court may deem just and proper. EXHIBITS
Exhibit
D
Deed recorded in the Douphin County, Pennsylvania Public Records as
Exhibit
E
Article III of the By-Laws (requiring an annual election of
Directors); Exhibit
F
Minutes of “Emergency” Board Meeting on December 17, 2003; Exhibit
G
Minutes of Board Meeting on May 5, 2004 (ADDESSI appointed); Exhibit
H
Minutes of Membership meeting canceled on December 13, 2005 and
December Exhibit
I Letter
to Katzman regarding check signatures; Exhibit
J
Copy of January 6, 2004 board vote on raising assessments from
$150 to $165;
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