HOA Justice Now

Exhibit S – Historic Neglect & Oversight Failures (2007–2025)

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Executive Overview

For more than 15 years, Omega Villas residents have raised alarms over life-safety violations, financial irregularities and cost burdens on owners, selective enforcement, and misuse of public resources. Despite escalating complaints to the City of Plantation, DBPR, the Governor’s Office, and even the media, government inaction enabled systemic governance failures to take root.

The result is a community plagued by:

  • 💰 Financial irregularities and cost burdens on ownership (inflated assessments, forced “upgrades,” obstruction of emergency repairs).
  • 🛑 Suppression of rights (targeted foreclosures, alleged retaliation against dissenters, blocked records).
  • 👮 Use of off-duty officers perceived by owners as intimidating.
  • ⚖️ Organized Pattern of alleged retaliationized retaliation against whistleblowers.

Timeline of Neglect

2007–2009: Early Warnings Ignored

  • The City of Plantation Building Department issued citations against Omega Villas for life-safety violations, unpermitted construction, and failure to maintain common elements.
  • Residents escalated complaints beyond the City, including to:
    • The Florida Department of Business and Professional Regulation (DBPR)
    • The Florida Attorney General’s Office
    • The Governor’s Office
    • The City of Plantation Police Department
    • The Chief Building Inspectors of the City of Plantation
  • Documentation shows that multiple agencies were placed on notice regarding safety hazards, governance irregularities, and possible contractor fraud.
  • Outcome:
    • Minimal fines were assessed.
    • No substantive reforms or audits were imposed.
    • State regulators and local officials failed to intervene, allowing unsafe work, financial irregularities, and Board misconduct to continue unchecked.

2007–2025: Unlawful-activity concerns Entrenched” or “Regulatory Inaction Entrenched“

  • Unauthorized expenditures and selective enforcement.
  • Potential Financial mismanagement via insider vendors.
  • DBPR appears to have failed to act despite ongoing complaints.
  • Multiple Boards engaged in:
  • Potentially Unauthorized expenditures without proper owner votes.
  • Selective enforcement targeting dissenters while shielding loyalists.
  • During this period, roof leaks became rampant throughout the community.
  • Evidence appears to show a pattern of construction neglect, with essential maintenance delayed or ignored.
  • Common elements deteriorated significantly, including leaking roofs, decaying facades, and poorly maintained amenities, leaving residents with worsening living conditions.

2020–2023: Retaliation & Suppression

  • Whistleblowers targeted with foreclosure threats and harassment.
  • Alleged Record access obstruction, blocking owners from inspecting financial and construction documents.
  • Possible Financial mismanagement through questionable vendor relationships.
  • Selective enforcement targeting dissenters while shielding loyalists.
  • Possible Unpermitted structural modifications (furring strips, window removal).
  • Police escalation at otherwise peaceful meetings to suppress Board dissent by owners.

2024–2025: Documented Collapse of Oversight

  • 2024–2025: Documented Alleged Collapse of Oversight (with Dialogue with Oversight Officials)
  • Over 120 video recordings document meetings and enforcement gaps.
  • Multiple DBPR complaints filed.
  • Florida Bar complaint filed against the Association’s legal counsel.
  • NBC News began reviewing whistleblower archival records.
  • Dialogue / Acknowledgments from Key Oversight Officials:
  • Assistant State Attorney Margaret Carpenter acknowledged receipt of submitted evidence but stated that without police or DBPR opening a formal investigation, she lacked jurisdiction to act.
  • Rudy Esteva, Chief Structural Inspector / Structural Plans Examiner (City of Plantation Building Department) received certified complaints and photographic evidence of code violations (e.g. improper furring strips, missing insulation). Despite acknowledgement, he appears to have delayed or failed to take enforcement actions, leaving hazardous conditions unresolved.
  • Sergeants in the City of Plantation Police Department Internal Affairs Division allegedly confirmed in writing that their oversight was limited to internal police misconduct—not criminal or building-code enforcement—thereby deflecting responsibility for misuse of off-duty police presence at community meetings.
  • Despite these communications and acknowledgments, no enforcement or disciplinary action was taken against the Association, legal counsel, or vendors — reinforcing a pattern of nonfeasance and tacit complicity.

Sub-Exhibit S-3: Electrical Scope Deviation & Permit Misrepresentation

  • City Case CE08-03180 required electrical rewiring across the community; records indicate only Phase 3 was upgraded before closure. This creates an appearance of selective compliance and incomplete enforcement.

🔎 Implication: Apparent scope misrepresentation, selective benefit for one phase, and possible complicity or negligence by inspectors.

📌 Potential RICO Ties:
Exhibit S and S-3 describe a recurring pattern of alleged misrepresentation, financial opacity, and retaliatory actions that may warrant independent review under state or federal oversight statutes.

🚨 Consequences of Historic Neglect

  • Public Resource Abuse: Off-duty officers deployed to silence owners.
  • Financial irregularities and cost burdens on owners: Inflated costs, unnecessary assessments, blocked repairs.
  • Potential Civil Rights Violations: Suppression of speech and retaliation. (i.e. Two Police Officers demanding I leave a meeting – on video.)
  • Systemic Risk: Omega Villas demonstrates how unchecked HOAs become corrupt fiefdoms.

📌 RICO Connection

The Racketeer Influenced and Corrupt Organizations Act (RICO) is triggered when entities engage in a pattern of racketeering activity — alleged acts such as misrepresentation, obstruction, or retaliation — to further a scheme.

Exhibit S + S-3 document:

  • Fraudulent permits & inspections
  • Financial irregularities and cost burdens schemes
  • Retaliatory use of foreclosure and police
  • 15+ years of continuous misconduct

📖 References:

Disclaimer
All descriptions are based on documented records, correspondence, and first-hand experience. They are presented for informational and public-interest purposes and should not be construed as legal findings or statements of criminal liability.

Prepared by:
Shawn Martin, MBA
Board Member & Community Whistleblower
Omega Villas Condominium Association