HOA Justice Now

EXHIBIT AA: Documented Allegations of Legal Violations by Omega Villas Condominium Association and Associated Vendors

Florida Statute Allegations (Chapter 718 – Florida Condominium Act)

Alleged Failure to Adhere to Statutory Requirements for Condominium Governance (Chapter 718)

Allegation: The Board has allegedly failed to follow Florida Condominium statutes regarding proper meetings, voting procedures, and financial transparency. Violations Cited:

  • Chapter 718.112 (meetings and voting procedures)
  • Chapter 718.111 (maintenance of financial records and transparency)

Alleged Failure to Maintain Accurate Financial Records

Allegation: The Board has allegedly failed to provide accurate, transparent financial records for homeowner review, in violation of Chapter 718.111(12). Specific Violation: Alleged failure to maintain financial records for at least 7 years and provide access to those records as required by law.

Alleged Non-Compliance with Budgeting and Assessment Procedures

Allegation: The Board has allegedly failed to prepare an accurate annual budget or hold a proper budget meeting as required by Florida law. A Construction Budget for the $4.85 million+ project has been repeatedly requested on video but has not been created or presented. Violation Cited:

  • Chapter 718.112(2)(e) (Budget approval and procedures).

Alleged Failure to Provide Proper Notice to Homeowners for Meetings and Votes

Allegation: The Board has allegedly held meetings and made decisions without providing adequate notice or in violation of open meeting rules. Violation Cited:

  • Chapter 718.112(2)(c) (Adequate notice for meetings).

Alleged Breach of Fiduciary Duty to Homeowners

Allegation: Board members, through their alleged retaliatory or self-serving actions, have allegedly breached their fiduciary duty to the homeowners. Violation Cited:

  • Chapter 718.111(1)(a) (Duty to act in the best interests of the association and its members).

Alleged Improper Use of Association Funds

Allegation: The Board has allegedly misappropriated funds for unapproved repairs and activities, constituting financial misconduct. Violation Cited:

  • Chapter 718.111(2) (Proper use of association funds).

Alleged Non-Compliance with Construction Standards and Code Violations

Allegation: The Board has allegedly approved repairs and construction without ensuring compliance with building codes or obtaining necessary permits, as documented by citations. Violation Cited:

  • Chapter 718.303(1) (Failure to follow construction standards and obtain necessary permits).

Alleged Failure to Maintain or Repair the Common Elements

Allegation: The Board has allegedly neglected to maintain or repair common elements of the property (e.g., roofs, plumbing), despite homeowners reporting issues. Violation Cited:

  • Chapter 718.113 (Obligation to maintain and repair common elements).

Alleged Retaliation Against Homeowners (Violation of Florida Whistleblower Act)

Allegation: The Board has allegedly retaliated against homeowners and whistleblowers, specifically Mr. Martin, for raising concerns about financial mismanagement and property repairs. Violation Cited:

  • Chapter 718.111(1) (Protection against retaliation for raising concerns about the Association).

Alleged Failure to Follow Proper Foreclosure Procedures

Allegation: The Board has allegedly filed foreclosure suits without the proper Board vote or approval in meeting minutes, violating procedural requirements. Violation Cited:

  • Chapter 718.116(2) (Proper voting procedures for assessments and foreclosure actions).

RICO Considerations: Documented Allegations of Fraud and Pattern of Racketeering Activity

Note: The following considerations outline allegations that, if substantiated and meeting legal criteria, could be viewed as predicate acts under the Racketeer Influenced and Corrupt Organizations (RICO) Act. These are severe allegations presented as areas of significant concern for potential investigation.

Alleged Pattern of Racketeering Activity (Fraud and Misrepresentation)

Allegation: The Board and its legal counsel have allegedly engaged in a pattern of fraudulent activity over time, involving misrepresentation of finances, inflated repairs, and cover-ups of code violations. Alleged Predicate Acts: Allegations include fraud (false representation of expenditures), misappropriation of funds, and fraudulent billing practices.

Alleged Conspiracy to Defraud Homeowners and Contractors

Allegation: The Board and its contractors (e.g., Austro Construction, S&D Engineering) have allegedly been involved in a conspiracy to defraud homeowners and contractors by engaging in inflated billing, deceptive repairs, and unauthorized work. Alleged Predicate Acts: Allegations include conspiracy to commit fraud, conspiracy to obstruct justice, and concerns of bribery or kickbacks to contractors.

Alleged Obstruction of Justice

Allegation: The Board, potentially through its legal counsel and management team, has allegedly obstructed repairs and delayed inspections to conceal defects and violations. Alleged Predicate Acts: Allegations include obstruction of justice, interference with contractors, delaying necessary repairs or inspections, and withholding evidence.

Alleged Money Laundering (Possible Financial Misappropriation)

Allegation: The Board has allegedly engaged in actions involving inflated repair costs, hidden funds, or the alleged funneling of HOA money into personal or unauthorized accounts. Alleged Predicate Acts: Allegations include money laundering, illegal financial transactions, and diversion of funds.

Alleged Retaliation and Defamation (Coercion and Extortion)

Allegation: The Board has allegedly engaged in coercion, extortion, and defamation by targeting whistleblowers or homeowners with false accusations, harassment, and retaliation for exposing misconduct. Alleged Predicate Acts: Allegations include extortion, coercion, defamation, retaliation, and witness intimidation.

Alleged Fraudulent and Misleading Public Statements (Obstruction of Public Records)

Allegation: The Board’s public statements about the financial status of Omega Villas and the alleged obstruction of public records constitute alleged fraudulent activity intended to prevent homeowners from discovering the true state of the Association’s finances. transparency Alleged Predicate Acts: Allegations include obstruction of justice (public records), making false statements, and financial misrepresentation.

Alleged Illegal Kickbacks and Vendor Collusion

Allegation: The Board and contractors (e.g., Austro Construction) have allegedly been involved in kickbacks or collusion, resulting in overcharging homeowners for repairs, and allegedly splitting profits illicitly. Alleged Predicate Acts: Allegations include bribery, kickbacks, conspiracy to inflate invoices or misappropriate funds, and fraud.

Alleged Falsifying Documents and Concealing Financial Liabilities

Allegation: The Board and legal counsel have allegedly been involved in falsifying financial documents or concealing debts to avoid legal scrutiny or prevent accountability. Alleged Predicate Acts: Allegations include falsifying records, fraud, embezzlement, and conspiracy to conceal liabilities.

Alleged False Foreclosures and Violation of Homeowner Rights

Allegation: The Board has allegedly engaged in fraudulent foreclosure proceedings against homeowners, especially when there was no proper Board vote or documentation in the minutes, constituting a pattern of alleged fraudulent and retaliatory actions. Alleged Predicate Acts: Allegations include fraudulent foreclosure, false claims, conspiracy, violation of homeowners’ rights, and racketeering.

Alleged Systematic Retaliation Against Homeowners and Contractors

Allegation: There is an alleged pattern of retaliatory actions against those who have challenged the Board’s actions, including harassment, legal threats, and attempts to silence dissenting voices. Alleged Predicate Acts: Allegations include retaliation, intimidation, witness tampering, and obstruction of justice.

Conclusion

These two lists provide a breakdown of alleged Florida Statute violations (Chapter 718) by the Board, as well as RICO considerations that could form the basis for further investigation. This information, in conjunction with the extensive documentation compiled, is intended to support and strengthen complaints to the U.S. Attorney’s Office or other relevant authorities.