BOARD AND PROPERTY MANAGER THREATEN UNIT OWNERS WITH LIENS IF THEY
DISAGREE WITH THEM
PLEASE NOTE: This
website does not provide legal advice. Property owners who are
threatened with a lien or foreclosure should take matters seriously and
contact an attorney or legal advisor. Please refer to the legal
statement, for additional information.
An investigative committee, appointed by
the unit owners of Grand Vista Condominiums in Hialeah Gardens, Florida
discovered various disturbing facts about insurance cancellations and
other factors that caused over $100,000 in damages. The
investigation revealed that the board of directors and property manager,
Mr. Clemente J. De La Torre of Tower Management in Hialeah had
engaged in covering up very important information. In an attempt to
disguise the major financial problems and questionable activities that
they had caused, the board and property manager have sent threats of lien
and they have harassed unit owners who disagree with them. This
happened to unit owner, Eduardo Hernandez.
On August 22, 2001 Mr. Hernandez was
upset that the board had blacklisted unit owners with past due balances by
placing notices in common areas all over the property that contained the
names, unit numbers and balances of all unit owners who allegedly owed the
association money. Without first attempting to send a reminder
notice, a statement, calling them on the phone, or notifying unit owners
that they had a balance, the board just blacklisted them in an attempt to
embarrass them and force them to pay. "This was the most
unprofessional and embarrassing way to collect a debt.", Mr.
Hernandez informed the board and property manager. Later that day he
received a written collection letter for $700. "There is just
no way that I could have forgotten to pay ten (10) months of
maintenance.", Mr. Hernandez informed the property manager and the
board but they refused to listen or cooperate with Mr. Hernandez who had
requested that they not black list him again. Some months went by
and Mr. Hernandez continued sending certified inquiry letters and making
his usual payments, but he found that all his checks were being returned
and not cashed. "They refuse to accept my checks until I pay
them some $700 that I know I do not owe. I have written numerous
inquiry letters, but they do not reply to any of them", Mr. Hernandez
informed the Department of Business and Professional Regulations ("DBPR").
Mr. Hernandez was advised to file a complaint with the DBPR. Mr.
Samuel Perez, from the DBPR office in Miami, informed Mr. Hernandez that
he had could inspect the records in question. Mr. Perez contacted
the property manager about this complaint and advised him that Mr.
Hernandez would be inspecting the necessary documentation. When Mr.
Hernandez arrived to inspect the records at his scheduled appointment on
November 1, 2001, everything had been resolved. His account was
credited after Mr. Hernandez demonstrated previous statements with zero
balance and copies of several cancelled checks in his possession.
Mr. Hernandez was never permitted to inspect, but he no longer felt
necessary, since the matter had "resolved itself" after Mr.
Perez had contacted the property manager.
Almost a year later, Mr. Hernandez began
to request to inspect the official records after the board had decided to
delay the elections and attempted to collect a special assessment without
following the proper procedures. The board continuosly failed to
provide access to the complete official records, such as provide proof of
payment, copies of checks, receipts, etc. Mr. Hernandez discovered
from a check register that there had been numerous checks issued to board
members and their friends and family. Mr. Hernandez and unit owner
Mrs. Beatriz Martinez observed and were able to verify that the
association had failed to pay for the insurance and had allowed the policy
to lapse. Upon mentioning this at a community meeting on July 15,
2002, Mr. Hernandez and a few others who had also demonstrated information
that they had recently discovered, were all presented with letters
requesting payment of an unexplained fee. Mr. Hernandez received a
$400 demand letter on July 15, 2002 and unit owners Mrs. Beatriz Martinez
received a demand letter for $250.
Board president, Mr. Manuel Carrera
unilaterally decided to contract Mr. Jose Garcia Sr., of J & M Condo
Management in Miami, to send threats to place liens and foreclose on the
majority of the property owners at this 282-unit low to mid-income
community. Unit owner Eduardo Hernandez reports that every time he
has disagreed with this board, he has received letters with threats of
lean. Mr. Garcia has refused to reply to Mr. Hernandez's repeated
request for an explanation of this debt. In an attachment sent along
with the monthly statement to Mr. Hernandez, it is obvious that the $400
does not appear to be an assessment, as that fee is added coincidentally
both times Mr. Hernandez has had a run-in with the board. Mr.
Garcia's office continues harassing unit owners with these liens.
Mr. Hernandez received a notice dated December 18, where Mr. Garcia has
increased the amount owed to $856.00 after Mr. Hernandez insisted to see
proof of various items from the official records on December 13,
2002. Federal law prohibits companies acting in form of a
collection agency from harassing alleged debtors. Mr. Hernandez has
written numerous letters of inquiries and sent them certified mail with
return receipt, but he has received no reply from the board or property
manager to satisfy his inquiry and demonstrate that he owes such debt. Mr.
Hernandez then sent J & M Condo a CEASE AND DESIST letter on November
27, 2002 after this repeated attempt to collect this erroneous debt has
caused Mr. Hernandez unnecessary expenses and upset. However, Mr.
Garcia's company appears to think they are above the law and they have
continued harassing owners such as Mr. Hernandez.
