Month: September 2025

  • 📢 Watchdog Updates – September 15, 2025

    In addition to the arbitration order and inspection dispute, three detailed Watchdog Updates went out on Sept. 15, 2025. Together, they document the statewide condo crisis and Omega Villas’ role as a case study in systemic failure:

    🔹 Part 1 – Florida’s Condo Collapse, Arbitration Failures & OIG Referral

    • Condo prices down 32% in Deltona, foreclosures up 41%, 600,000+ insurance cancellations.
    • Omega Villas arbitration filings challenged for lack of Board vote and retaliatory misuse.
    • Chief Inspector General referral (CIG #2025-08-27-0012) sent back to DBPR IG, confirming the “circular oversight” loop.
    • Reminder of Crist’s 2010 rollback of inspection/reserve laws that left DBPR toothless.

    🔹 Part 2 – Vendor Bids & Special Assessment Manipulation

    • Vendor proposals ranged from $93K to $779K for nearly identical scope.
    • A “Version 2” spreadsheet reclassified hundreds of thousands as “owner responsibility.”
    • Profit stacking exposed — subcontractor padding added to owner bills.
    • Assessments based on manipulated numbers, with no transparency.

    🔹 Part 3 – Election Video, Retaliation & Information Control

    • Elizabeth Palen elevated to VP, Kaelani Brown denied a role despite offering to help with communications.
    • Palen spread a false “gun threat” narrative using a WhatsApp message out of context.
    • Kaelani and other critics locked out of communications, while Eric Richards (no longer VP) still controls the portal/SMS under Patty’s direction.
    • Loyalty, not transparency, dictates communication power.

    📂 The full Sept. 15 package, including motions, vendor bid comparisons, and video documentation, is archived for review:

    • Part 1 – Florida’s Condo Collapse, Arbitration Failures & OIG Referral
      • 📑 Chief Inspector General Referral (CIG #2025-08-27-0012 → DBPR IG).
      • 📑 DBPR complaint closures showing lack of jurisdiction.
      • 📑 Arbitration filings reflecting retaliatory misuse of DBPR process.
    • Part 2 – Vendor Bids & Special Assessment Manipulation
      • 📑 Vendor proposals (range: $93K – $779K).
        • 👉 Vendor Bids Package: Link
      • 📑 “Version 2” cost-shifting spreadsheet.
      • 📑 Owner communications on bid transparency.
    • Part 3 – Election Video, Retaliation & Information Control
    • Supporting Documents:
      • Parts 1, 2, 3 Emails: Link
        • 👉 Vendor Bids Package: Link

    📧 Sept. 15, 2025 – Board “Email Voting” Raises Statute Concerns

    On Sept. 15, 2025, the Board circulated emails discussing vendor selection. Patty asked whether to invite Live Electric, and Board members replied:

    • Maude: “I vote yes”
    • KCC: “I agree”

    This exchange gives the appearance of Board business being advanced by email, inconsistent with Florida Statute § 718.112(2)(c), which allows directors to communicate by email but requires all votes to occur at properly noticed meetings open to owners.

    Although later downplayed by Maritza as “not a vote,” the language and context reflect a broader problem: owners are denied transparency when decisions are framed as consensus outside open sessions.


    🏦 Oversight Escalation – Chase Confirms They Are Watching

    In response, I logged the exchange and copied state, federal, and lender oversight contacts. My follow-up email reminded the Board:

    Chase has confirmed that it is monitoring Omega Villas’ governance events.

    This means even if state agencies remain silent, lenders and federal reviewers are documenting governance failures alongside financial irregularities.

    I also tied this incident to a historic pattern dating back to 2007, where similar “off-the-books” governance was captured on video.

    📂 Supporting Documents – Sept. 15, 2025

    The following documents are archived to support the Sept. 15, 2025 Watchdog Updates:

    • Chase’s Escalation to State & Federal Authorities: Link

    Part 4 – Board “Email Voting” Raises Statute Concerns

    • 📧 Email chain (Patty → Board, Maude “I vote yes,” KCC “I agree”).
    • 📧 Maritza clarification email (“no one voted”).
    • 📑 Statute excerpt – F.S. 718.112(2)(c).
    • 📧 Chase oversight confirmation notice.

    Shawn Martin, MBA
    Owner, Board Member & Protected Whistleblower – Omega Villas
    https://hoajusticenow.com

  • 🚨 Weekly Watchdog Report – Omega Villas Crisis & Florida’s HOA Oversight Failure

    Week of Sept. 15–20, 2025

    This past week exposed just how far the accountability crisis has spread in Florida’s condominium oversight. At Omega Villas, unauthorized construction, financial misconduct, and agency failures continue unchecked — even as state leaders tout reforms, allocate millions to DBPR, and claim “lessons learned” post-Surfside.

    The record tells a different story: systemic failure, circular oversight, and wasted taxpayer dollars.


    1️⃣ Arbitration Order – Overreach Checked, Access Still in Play

    ⚖️ Arbitration Order – Overreach Stopped, Next Step May Be Circuit Court

    On Sept. 17, 2025, the DBPR Arbitrator issued a ruling that:

    • Stopped a Major Overreach: The Association’s attempt to use arbitration to collect payments and assessments was denied outright. This is a critical victory, showing that the Board and its attorney were trying to weaponize DBPR’s limited process for financial enforcement it was never meant to handle.
    • ⚠️ Inspection Still Pending: The Arbitrator did not dismiss the Association’s demand for inspection access under the 40-year recertification process. While limited in scope, this raises serious concerns because prior inspections have already taken place, and new entry could be exploited to justify unauthorized furring strips, window removals, or inflated assessments.

    This outcome highlights a troubling pattern: arbitration only blocks the most blatant overreach, while leaving owners vulnerable to abuse of inspection authority.

    Because of this, owners are now weighing whether to escalate to Circuit Court to:

    • Challenge the necessity of a second inspection when prior access was already granted.
    • Prevent inspections from being misused as cover for construction schemes already tied to bank and federal investigations.
    • Establish a stronger precedent against repetitive, retaliatory entry demands.

    In short: the win on financial overreach proves owners can push back — but real protection may now require Circuit Court intervention.

    👉 For context on how this fits a long history of arbitration failure (2007, 2023, 2025), see Exhibit L – Government Correspondence Timeline & Systemic Oversight Breakdown.

    These rulings, spanning nearly two decades, illustrate how millions of taxpayer dollars poured into DBPR oversight have failed to resolve even basic enforcement issues.


    2️⃣ Inspector General Referral – Circular Oversight Loop

    On Aug. 28, 2025, the Florida Chief Inspector General issued a referral letter (CIG #2025-08-27-0012) passing the matter back to the DBPR Inspector General.

    This is the same office that already declared it had no jurisdiction earlier this year. This proves the circular accountability loop:

    • State IG passes to DBPR IG.
    • DBPR IG says “no jurisdiction.”
    • Homeowners are left without real enforcement.

    This referral has now been added to Exhibit L documenting 17 years of systemic oversight failure.

    👉 The full history of this Florida Government failure — spanning 17 years of complaints, blocked emails, and circular accountability — is documented in Exhibit L – Government Correspondence Timeline & Systemic Oversight Breakdown.


    3️⃣ Banco Popular Loan Extension Claim

    At the Sept. 19 Board Meeting, Treasurer Blaire stated that Banco Popular may extend the $4.85M loan or provide another $100k draw by 8/31/25.

    This raises urgent questions:

    • Is Banco financing unauthorized construction tied to the furring strips and forced window replacements?
    • Or is Blaire misrepresenting bank involvement to mislead owners?

    Either way, it points to a bank accountability gap that is now part of federal and financial oversight reviews.

    ⚠️ Evidence: Austro Preparing for Next Phase Construction.”

    Caption: Photo evidence showing Austro’s purchase of supplies for upcoming phase work, despite ongoing disputes over unauthorized furring strips, window removals, and inspection access.


    4️⃣ Cancelled Meetings & Avoidance

    The August 2025 construction meeting was abruptly cancelled.
    Board President Patty skipped the August meeting, possibly avoiding direct confrontation after months of watchdog escalation and bank scrutiny.

    Leadership instability is now obvious.


    🧱 Furring Strips Misrepresentation – Core of the Crisis

    On Sept. 16, 2025, I issued a mass email alert to regulators, legislators, banks, media outlets, and watchdog organizations outlining what may be the clearest example of misrepresentation and construction abuse at Omega Villas.

    The Board and its contractor claimed furring strips were a mandatory code requirement for Hardie Board siding. That is not accurate.

    Hardie systems allow two methods:

    • Direct-to-plywood with a weather-resistive barrier.
    • Optional rainscreen installation with furring strips.

    By choosing the furring strip method, the Board:

    • Extended walls by 1.5 inches.
    • Altered window alignment and created downstream owner costs (window reinstallation, utility relocations).
    • Introduced risks of water entrapment, rot, and long-term structural failure.

    📑 Legal Framework Ignored

    • F.S. §718.113(2)(a): Material alterations require a 75% owner vote before work begins.
    • Bailey v. Shelborne (2020): No retroactive approval allowed.
    • Sterling Village v. Breitenbach (1971): A material alteration = perceptible change in use, function, or appearance.
    • Hollywood Towers v. Hampton (2010): Board actions must be reasonable; arbitrary methods can be challenged.
    • F.S. §718.111(5): Entry limited to necessary maintenance, not to impose unauthorized new systems.

    ⚠️ Risks & Selective Enforcement

    • Parallel furring strips at the base block drainage → water-trapping defect.
    • Concrete Phases 3–4 were not given furring strips. If “mandatory,” why wasn’t it universal?
    • Owners now face hidden costs and structural risks without the required approval vote.
    • Owners were presented with a ballot that excluded the direct-to-plywood option and forced a choice only between pre-selected methods. This undermines the statutory requirement for a 75% owner vote on material alterations, as valid consent cannot be manufactured through restricted options.
      • Owner ballot limited to pre-selected options, excluding lawful alternatives. Link
      • My version that I signed in regards to this ballot. Link
      • No mentions of window system changes or furring strips on the only forms signed by 2/3rds votes…

    👉 This construction decision is the root issue driving arbitration battles, inspection demands, and looming special assessments.

    The full email alert (with legal citations and references) has been archived for public record and sent to oversight bodies.

    📂 Supporting Document

    • Email from Dorin Frai – Board Defense of Furring Strips – Link
    • Email from Whistleblower to the Watchdog Group – Link
    • Email string for entire conversation – Link

    Compare Dorin’s statements with the facts and legal framework above. This direct evidence shows how the Board misrepresented a discretionary construction choice as a “mandatory code requirement.”


    💰 Florida’s HOA/COA Oversight Crisis — Wasted Taxpayer Dollars

    Florida has spent millions in taxpayer money since Surfside to “fix” condo oversight:

    • $7+ million in 2023–2024 to expand DBPR staff and enforcement capacity.
    • Sweeping reform bills like HB 913 (2025) to strengthen reserves, transparency, and owner protections.
    • New requirements for associations and CAMs to register directly with DBPR.

    Yet owners are still left defenseless:

    • Valid complaints dismissed as “outside jurisdiction.”
    • Agencies block emails or stop responding altogether.
    • Attorneys weaponize the system to pressure whistleblowers and avoid accountability.

    This is not underfunding — it’s political shielding and agency failure.

    👉 The full history of this Florida Government failure — spanning 17 years of complaints, blocked emails, and circular accountability — is documented in Exhibit L – Government Correspondence Timeline & Systemic Oversight Breakdown.


    📰 Relevant News – Florida’s Condo Crisis in the Headlines

    1. AP News – Florida lawmakers approve changes to condo safety law passed after Surfside collapse
    2. Lowndes-Law – Florida Condo Reform Bill Signed Into Law (HB 913)
    3. News-Press – Florida condo association budgets: what are the new laws in 2025?
    4. Florida Condo HOA Law Blog – DBPR Account Requirement for CAMs and Associations
    5. KSN Law – New Florida Condo Law Brings Temporary Financial Relief

    📌 Conclusion

    The past week at Omega Villas shows why Florida’s HOA/COA system is collapsing:

    • Oversight bodies passing the ball.
    • Banks potentially financing unauthorized work.
    • Millions in taxpayer dollars wasted while homeowners are forced to fight alone.

    Until federal authorities and independent watchdogs step in, this pattern will repeat across Florida — and Surfside’s lessons will remain ignored.

    If you believe this cycle of abuse and taxpayer waste must end, share this report and review the full evidence archive in Exhibit L.

    Shawn Martin, MBA
    Owner, Board Member & Protected Whistleblower – Omega Villas
    https://hoajusticenow.com

  • 🚨 Watchdog Update – Oversight Failures & Financial Red Flags (Week of Sept 1, 2025) 🚨

    This past week has underscored the deep dysfunction at Omega Villas and across Florida’s oversight system. Owners continue to raise legitimate concerns, while state and financial stakeholders now face mounting evidence of circular accountability failures.


    Chief Inspector General Referral – August 28, 2025

    On August 28, 2025, I received correspondence from the Florida Chief Inspector General (CIG #2025-08-27-0012). While the CIG acknowledged my complaint regarding Omega Villas, the office disclaimed jurisdiction over HOAs and attorney conduct, instead referring the matter to the DBPR Inspector General for “review and action deemed appropriate.”

    This development places DBPR arbitration, the post-Surfside condo law reforms (July 2024 & 2025), and attorney oversight under Inspector General review.


    OIG Communication Breakdown

    Separate from the referral, multiple emails to the Office of the Inspector General went unanswered for weeks, despite being sent to published intake addresses. This confirms a troubling intake and responsiveness failure at the oversight level. Homeowners should not have to chase the very offices responsible for accountability.


    Circular Deflection

    The referral is especially concerning given that, on May 21, 2025, the DBPR Inspector General already confirmed in writing that his office had no jurisdiction to investigate construction, permitting, or DBPR decisions in this case. By referring the matter back to the same office that disclaimed authority, the state is engaging in circular deflection rather than addressing the core issues.


    Financial Concerns – Banco Loan & Special Assessments

    At the August 26th Board meeting, it was revealed that Banco Popular advised the Association to consider taking an additional $100,000 draw from the $4.85M construction loan, beyond the already-approved $1.74M.

    While framed as a “cushion” for unforeseen costs, this raises concerns:

    • Owners have not been provided with June or July financial statements.
    • No independent confirmation exists on whether loan draws are fully available.
    • Construction appears staged to suggest steady progress, but unresolved contract and scope disputes remain.

    Additional “miscellaneous” special assessments have also been floated outside the 40-year recertification scope — a warning sign of escalating financial exposure for owners.


    Impact

    The combination of oversight failures, circular referrals, and questionable loan activity paints a troubling picture:

    • Regulators are failing to enforce newly-passed condo protections.
    • Financial institutions are being asked to extend additional credit without transparent accounting.
    • Homeowners face escalating risk through selective enforcement, delayed financial reporting, and potential overextension of loan obligations.

    Conclusion

    This case is no longer about a single community dispute — it is a systemic governance and oversight failure with direct implications for banks, regulators, and Florida’s broader condo system.

    I will continue to provide updates as additional documents, financial records, and oversight responses emerge.

    Shawn Martin, MBA
    Owner, Board Member & Protected Whistleblower – Omega Villas
    https://hoajusticenow.com