In a recent email, Shawn Martin, Director and Whistleblower at Omega Villas Condo Association, has raised serious concerns regarding the legality of a special assessment imposed by Your Management Services (YMS). This post summarizes key points from his communication, which highlights alleged violations of Florida statutes and the governing documents of Omega Villas.
Key Issues Raised
- Lack of Owner Approval:
- Martin asserts that the special assessment, which requires a two-thirds owner approval, was issued without a proper meeting or vote, violating owner rights.
- Unauthorized Assessment:
- The notice was issued under the YMS name, not the Board or the association’s attorney, signaling potential illegality. Martin emphasizes that a Community Association Manager (CAM) cannot impose such an assessment without authority.
- Absence of Documentation:
- Critical documents such as engineering reports and cost estimates were not provided, raising questions about the legitimacy of the proposed assessment. Martin calls for transparency regarding the financial implications of the assessment on the community.
- Procedural Violations:
- Martin points out that owners were not given adequate notice or opportunities to discuss or vote on the assessment, making it unenforceable under Florida law.
- Selective Distribution:
- The assessment notice was not uniformly distributed, leading to suspicions of manipulation. Some owners were targeted for immediate collection while others were not.
- Potential Legal Violations:
- Martin outlines several Florida statutes that may have been breached, including failures to hold proper board meetings and maintain accurate records.
Required Actions
Martin demands immediate actions from the Board and YMS, including:
- Written confirmation that the special assessment is withdrawn.
- An explanation of how YMS was authorized to issue the assessment.
- Full disclosure of all related documents and communications.
A Call for Investigations
Martin expresses deep concern for the 128 families affected by these actions, particularly vulnerable residents such as seniors and those with disabilities. He stresses the need for state and federal authorities to investigate the matters thoroughly, given the potential for fraud and abuse of power.
Conclusion
Shawn Martin’s email serves as a crucial call to action for Omega Villas residents and relevant authorities. The concerns raised highlight the importance of transparency, accountability, and adherence to legal requirements in community management. As this situation unfolds, the community awaits a response that could determine the future of the special assessment and the overall governance at Omega Villas.
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