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JoeL9 (Florida)
Posts: 2
Posted:
Greetings everyone,

I am vice president of the Board of a condo association in Florida with 32 units. The current president, we'll call him "Blinky", is an attorney and real estate investor who owns 9 units with his wife. His wife is the association secretary, his mother is the treasurer. Other family members and investor associates also own units causing them to have a monopoly over the complex. Any effort to recall them would be futile since most other unit owners are investors, and rarely participate or get involved.

Blinky is aggressively pursuing more units to own. He has approached delinquent owners with the intent on working out deals to acquire title to their units while they go through foreclosure, and then buy the units with cash at auction at the courthouse footsteps.

The reason I believe there has been wrongdoing is because a unit that was in arrears to the association was transferred to another family member or associate of Blinkys. Blinky was involved in the transfer, as his name is a witness on the transfer documents that I was able to see on a public record search. The rent payment from the current tenant is paid to the association which tells me that the arrears were not paid at closing as they should have been.

I asked Blinky if we received closing documents for the unit or if he did an estoppel for the transfer. He initially denied any knowledge of it, then he was deceptive about it, then he admitted knowledge but claimed he coudn't speak about it due to attorney/ client privilege! He stated that an estoppel was not required, but then how is the association getting paid the arrears, right? The balance should have been paid at transfer.

Something is definitely fishy. How can I find out, who can I seek help from, what agency or entity can I go for help this case?

DBPR has mentioned they only regulate matters pertaining to running of the association.

I do not know where else to go, and do not have funds to pay an attorney to investigate.

Thank you in advance for any feedback or guidance.

AllisonD (Florida)
Posts: 449
Posted:
So you are saying that he is acting as president of the association and the attorney for the buyer and the seller and a unit owner? I see a conflict here.
MatthewW4 (Arizona)
Posts: 500
Posted:
I also see a conflict of interest.

My recommendation is to file a complaint with the State Bar (or whatever agency licenses lawyers in Florida).

My other recommendation is to sell and get out ASAP. Things are only going to get worse.
JoeL9 (Florida)
Posts: 2
Posted:
I am considering to file a complaint with the Florida Bar, although I am not sure what I can cite other than a conflict of interest. Who can I ask to look into the transactions that would be able to determine if improper or illegal activities have occurred?

I could not sell if I wanted. I bought my place in 2006 for 180K, its now possibly worth anywhere from 50-70K, maybe.

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