HOA Justice Now

Exhibit G-2 – SLAPP Suit, Statutory Violations, and RICO Considerations

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Purpose:

To demonstrate how the Association has used intimidation, retaliation, and procedural abuse — consistent with a Strategic Lawsuit Against Public Participation (SLAPP) — while engaging in statutory violations under Florida Condominium Law (Chapter 718) and actions that collectively form a pattern of racketeering activity under RICO.

Florida Statute Potential Violations (Chapter 718)

  • Improper Governance: Meetings, voting, and financial transparency failures (718.112, 718.111).
  • Records Failures: Refusal to maintain or provide accurate financial records (718.111(12)).
  • Budget & Assessments: Lack of proper budget preparation and approvals (718.112(2)(e)).
  • Notice Failures: Meetings without adequate notice (718.112(2)(c)).
  • Breach of Fiduciary Duty: Acts against the interests of homeowners (718.111(1)(a)).
  • Improper Fund Use: Misappropriation of funds for unapproved or inflated repairs (718.111(2)).
  • Construction Neglect: Approving unpermitted work and ignoring citations (718.303(1)).
  • Common Element Neglect: Failing to repair roofs, plumbing, and other shared assets (718.113).
  • Retaliation: Coercive actions against whistleblowers and homeowners (718.111(1)).
  • Foreclosure Abuse: Initiating foreclosures without valid Board votes (718.116(2)).

RICO Considerations

  • Potential Fraud & Misrepresentation: Inflated repairs, falsified compliance, financial cover-ups should be investigated.
  • Potential Conspiracy: Board, vendors, and legal counsel acting together in schemes should be investigated.
  • Potential Obstruction of Justice: Interfering with contractors, delaying inspections, withholding evidence should be investigated.
  • Potential Kickbacks & Collusion: Vendor overcharging and profit-splitting arrangements should be investigated.
  • Potential Money Laundering: Possible misdirection of funds through inflated contracts should be investigated.
  • Potential False Foreclosures: Using foreclosure as a weapon to retaliate against dissenters should be investigated.
  • Systematic Retaliation: Targeting homeowners and contractors who expose misconduct.

📌 Conclusion

  • The U.S. Attorney’s Office
  • The DBPR Inspector General
  • The Florida Attorney General

This Exhibit demonstrates how the Board’s conduct appears to cross from statutory HOA violations into the potential territory of criminal racketeering patterns under RICO in my strong opinion. By consolidating these points, the evidence strengthens federal and state-level escalation to: