Why is the Board Using Our Money to Defend Those Suing the Roney?

Brief Synopsis: Most recent events confirm that Lynn Nunes and Andres Lizarraldi are using Association funds to serve themselves and to serve a small faction of owners who are suing the Association. They are doing this to the continued detriment of those 430 unit owners who follow the rules and have no reason to see them changed.

The Latest Cease And Desist:

I recently received yet another a cease and desist letter. I have it on good authority that the group that prompted the Board to initiate this threatening correspondence is the same group that is suing the Association for their own financial enrichment. These individuals already have legal representation, so one would think they should pay their lawyer to send the cease and desist. Instead, we paid for the lawyer. The letter came from an entirely new attorney hired by the Board. One can only wonder why Lynn Nunes and Andres Lizzaraldi by-passed Jose Torres and hire yet another lawyer.

The actions of the Board and this small faction suing us are, in my opinion, indefensible. Using association funds to hide incriminating activities, retaliate against those who seek the truth and ethical transparency, and threaten legal action is the very definition of a SLAPP suit according to Florida law 718.1224.

The facts about the faction of unit owners regarding their lawsuit against us and the Board’s actions continue to speak for themselves. Though they may not like what they read, sharing the truth is not slander and hiding evidence isn’t proof of innocence. The only harassment here is being perpetrated by the Board and those suing the Association with their feigned innocence and fabricated complaints all in an attempt to stifle those who seek honesty, transparency and enforcement of our rules.

Below are some key points regarding the faction of unit owners pursuing a lawsuit against the Association that highlight their self-serving agenda as well as the Board’s consistent deferent bias toward this group.

Disproportionate Financial Benefits:

• The latest available data shows that Board members and those illegally renting their units have benefitted financially from the Board’s actions, particularly the controversial decision to reduce guest cards to $50. Those suing the Association want to remove the possibility of the Association ever being able to charge for guest cards. This remains an ongoing point of contention.

• Lynn Nunes and Andres Lizarraldi are openly expending additional Association money to protect and serve members of this group who have purportedly lodged complaints against me. Though specifcs details of said complaints were requested, no details have been provided.

Top Guest Card Users:

• Data reveals that this small self serving group of unit owners suing the association is comprised of the top 7% of guest card users and abusers in the building - some topping out at 120 cards per year.

• Though the Board appears to operate in almost complete denial, logic dictates that this demographic comprises a disproportionate number of unit owners who illegally rent their units.

Public Exposure:

• By suing the Association in a public forum, this group has opened themselves up to public scrutiny. They have forfeited any claim to privacy as it relates their Salto card activity, their motives behind this suit, and even their character.

• The Board, however, is withholding records that unit owners have the right to inspect. Here, the Board is conflicted, because the same data that will reveal the activities of those involved in the suit threatens to shine the light on Lynn Nunes’ most recent activities.

• As a result, instead of defending the Association against these individuals, the Board is hiding potentially incriminating data, and downplaying the nature and seriousness of this suit.

Bringing Harm to the Association by Facilitating Illegal Overnight Rentals:

• The Board will have you believe those suing the Association are innocent, their actions are benign and they are being unfairly singled out. In reality, this group is ramping up our legal bills and damaging the community by pursuing their lawsuit for personal gain, at the expense of the greater good of our community. If the Association loses, this will only benefit those with excessive guest card use and those illegally engaging in overnight rentals. On every level, their action constitute an assault on the well-being of the entire community.

• Of particular concern are recent statements made by opposing counsel at our latest Board meeting. She alluded that Nunes and Lizarraldi are negotiating with this group directly. The Board is being sued - its members should not be directly speaking with the petitioners or their attorney. .

I will continue to request information and share what I find with concerned unit owners. I encourage everyone, as always, to form your own conclusions and get involved. Waiting for the election at this point might be too late. This Board along with those suing us are emboldened because only a few of us are outwardly fighting the good fight.

If you are concerned, its time to make some noise….

Write to our newest Board member, Carlos Hernandez at sobeinv@gmail.com and Association Counsel, Jose Torres at jtorres@cuevaslaw.com. Make it clear that you do not support any settlement that either directly or indirectly facilitates short term rentals. Require that all per unit data that we have requested and are entitled to be released so we can track the behavior of those who want to break our rules but remain anonymous.

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Next up: The Amended Lease Loophole

Subleasing is not allowed but the amended lease is? Read about the latest loophole exploited by those who illegally rent their units.