It's a Crime

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"You don't achieve harmony by everyone singing the same note" - Doug Loyd

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It's a Crime Apr 12, 2014 7:28:04 GMT -5 gusto likes this

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Post by Admin on Apr 12, 2014 7:28:04 GMT -5

If I were a member of SLohA, I would make a written complaint on the license of the individual and the other agents responsible for falsifying SLohA records on 3/26/2014.

CAM's are now required to answer to the Department of Business Regulation for acts performed under Florida Statute 720 governing homeowner associations that violate those provisions which they are now required to comply with. This law was implemented last year.

The State also governs the acts of officers of corporations under FS617 (under which SLohA was incorporated as a not-for-profit) and those persons can also be held accountable if found to have altered records and caused a false filing:

817.155 Matters within jurisdiction of Department of State; false, fictitious, or fraudulent acts, statements, and representations prohibited; penalty; statute of limitations.—A person may not, in any matter within the jurisdiction of the Department of State, knowingly and willfully falsify or conceal a material fact, make any false, fictitious, or fraudulent statement or representation, or make or use any false document, knowing the same to contain any false, fictitious, or fraudulent statement or entry. A person who violates this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The statute of limitations for prosecution of an act committed in violation of this section is 5 years from the date the act was committed.
History.—s. 52, ch. 87-99; s. 194, ch. 91-224; s. 26, ch. 2005-267.

Last Edit: Apr 12, 2014 7:29:29 GMT -5 by Admin

"Life begins at the end of your comfort zone". --Walsch

Anonymous Environmentalist Guest	It's a Crime Apr 12, 2014 15:25:52 GMT -5 Quote Select Post Deselect Post Link to Post Back to Top Post by Anonymous Environmentalist on Apr 12, 2014 15:25:52 GMT -5 So, if no one complains about these felonious documents filed within 5 years of their filing, then do these fraudulent rules become valid? Just wondering...

Admin
Administrator

"You don't achieve harmony by everyone singing the same note" - Doug Loyd

Posts: 2,585

It's a Crime Apr 12, 2014 18:53:02 GMT -5

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Post by Admin on Apr 12, 2014 18:53:02 GMT -5

Nope. Reference the post on "laches" that SpongeBob was so insistent about (put it into Search). Basically, it says that the passage of time does not "breathe new life" into an otherwise unlawful document just because it was not cH allenged within a statutory time period. Rules that are not ratified by due process can never survive legal scrutiny.

The important thing is that someone actually put this fraudulent action into the Official Record by sending correpondence to the Board. The board should be outraged at this--but they are not. That is an ominous sign and reinforces "monkey business is usual" in SLR.

"Life begins at the end of your comfort zone". --Walsch

gusto Addict "A Friend of Bill W." Posts: 117	It's a Crime Apr 12, 2014 22:13:02 GMT -5 Quote Select Post Deselect Post Link to Post Member Give Gift Back to Top Post by gusto on Apr 12, 2014 22:13:02 GMT -5 Lets have a Meeting soon, to discuss the options moving forward on this issue....

Meeting Planner Guest	It's a Crime Apr 13, 2014 6:24:12 GMT -5 Quote Select Post Deselect Post Link to Post Back to Top Post by Meeting Planner on Apr 13, 2014 6:24:12 GMT -5 For a meeting, we could reserve the Poker/Puzzle/Game Room for one night like Dbag does. Or just use the big room on Poker night. Which night is that?

BagLady
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Posts: 664

It's a Crime Apr 13, 2014 6:39:28 GMT -5

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Post by BagLady on Apr 13, 2014 6:39:28 GMT -5

Reposting this attorney opinion about the doctrine of "laches" and its effect on validating an unlawful document. This was initially visited after a post on CHUG saying that the illegal 1986 Amendment to the Covenants would have to "stand" because it was not cH allenged in a timely manner.

The opinion posted on CHUG:

"... any claim(s) regarding the 1986 activities should be "estopped for reason of laches". "

Attorney Opinion based on full text reading of the post:

The "waiting 27 years" and "laches" comments do have facial appeal. But, the underlying reality is that case law holds that the passage of time does not breathe validity into an otherwise void instrument. There is even specific case law from both inside and outside of Florida that definitively states that a void "amendment" is not somehow validated by the mere passage of time. Similarly, such case law specifically holds that an action seeking a court declaration that such an "amendment" is void is not barred by the statute of limitations or the doctrine of laches. See, Word of Life Ministry v. Miller, 778 So.2d 360 (Fla. 1st DCA 2001) and Raimey v. Ditsworth, 227 Ariz. 552, 261 P.3d 436 (2011).

So, the Rules & Regulations can be cH allenged anytime one wants. On the other hand, all this could very well be moot due to the underlying expiration of Covenants. Rules receive their validity by the authority of the Covenants. If and when covenants expiration is cH allenged successfully in an individual action cH allenging a Rule, or by judgement by the courts, the Rules & Regs, along with the Covenants--are gone!

"Wine...what are you saving it for?"

BagLady
God/Goddess

Posts: 664

It's a Crime Apr 13, 2014 7:17:55 GMT -5

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Post by BagLady on Apr 13, 2014 7:17:55 GMT -5

Under this particular statute concerning matters of the Department of State-under which corporations are organized, including SLohA--you only have 5 years (statutory limit) to bring an action against the person/agent who knowingly causes a false filing or statement to the public. This is a slightly different twist to the doctrine of laches. And it is specifically declared in this statute that there be this statute of limitations.

It does not speak to the content of the false filing and its effects, but only to the person who caused the fraudulent activity. As Fr ed pointed out, case law has already determined that false amendments, such as those caused by SLohA in 1986 and 1989, cannot be converted to True by the mere passage of time.

Last Edit: Apr 13, 2014 8:38:56 GMT -5 by Admin

"Wine...what are you saving it for?"

Anonymous Environmentalist
Guest

It's a Crime Apr 13, 2014 15:28:16 GMT -5

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Post by Anonymous Environmentalist on Apr 13, 2014 15:28:16 GMT -5

Apr 13, 2014 6:24:12 GMT -5 Meeting Planner said:

For a meeting, we could reserve the Poker/Puzzle/Game Room for one night like Dbag does. Or just use the big room on Poker night. Which night is that?

I wouldn't be "advertising" about any type of "owners only" meeting, much less where it's being held at. Any meeting of this nature needs to be held somewhere else--away from prying ears and eyes. Also, the time and place should be emailed to those who need to attend, and for those details to be kept secret--if that's even possible.

gusto Addict "A Friend of Bill W." Posts: 117	It's a Crime Apr 13, 2014 17:52:04 GMT -5 Quote Select Post Deselect Post Link to Post Member Give Gift Back to Top Post by gusto on Apr 13, 2014 17:52:04 GMT -5 I Agree.... But Lets Do It.

Post by Admin on Apr 12, 2014 7:28:04 GMT -5

Post by Anonymous Environmentalist on Apr 12, 2014 15:25:52 GMT -5

Post by Admin on Apr 12, 2014 18:53:02 GMT -5

Post by gusto on Apr 12, 2014 22:13:02 GMT -5

Post by Meeting Planner on Apr 13, 2014 6:24:12 GMT -5

Post by BagLady on Apr 13, 2014 6:39:28 GMT -5

Post by BagLady on Apr 13, 2014 7:17:55 GMT -5

Post by Anonymous Environmentalist on Apr 13, 2014 15:28:16 GMT -5

Post by gusto on Apr 13, 2014 17:52:04 GMT -5

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