THIS REPORT IS FROM BOARD MEMBERS SUE SCHMER AND ARTHUR ANDELSON, AND EDITOR VICKI ROBERTS:
REPORT: MISINFORMATION FROM FOUR BOARD OFFICERS THROUGH THE PROPERTY MANAGER
This CL-Update is from Director Arthur Andelson, Director Sue Schmer, and Editor Vicki Roberts (active California law license):
Today, July 18, 2022, the property manager sent out a community-wide email on behalf of four Board officers (Jeff, Harvey, Richard, and Pat, president, vice-president, treasurer, and secretary respectively) falsely claiming that misinformation was circulating about the May 3, 2022 Resolution that these same four Board members signed illegally in a closed vote without the knowledge of at least two Board members.
There was no misinformation put out in the CL-Update report dated July 5, 2022, and in fact, the e-blast from these four officers through the property manager is itself misinformation and it’s libelous to the extent it references the report.
The Resolution states clearly that access to the proprietary program of FSR is being granted because Richard Greene “is” a CPA, not “was” a CPA. The document speaks for itself and can be found in the July 5, 2022 CL-Update. The document takes precedence over any verbal communication claimed after the fact. Those Johnny-come-lately verbal statements sound more like trying to unwind the tape or a cover up or a whitewash.
Representing oneself as a CPA when one is not a licensed CPA in Florida and does not hold any active CPA license anywhere (Richard is inactive in New York since January 2012) is a crime and it is subject not only to prosecution but also to civil penalties up to $5,000 per occurrence (see Florida statutory schemes 455 and 473 and specifically Florida statute 473.322.
Florida statute 473.322 subsection 1, subsections a, b, and f clearly states one may not use the title “CPA” if one does not hold a Florida license or is inactive in another state. Subsection 2 states that the criminal punishment under Florida statute section 775.082(4)(a) is imprisonment not exceeding one year and under 775.083(g) the fines can be higher subject to other specific statutes, and in this case, it’s $5,000 per occurrence.
This illegal vote was done in flagrant violation of Florida statute 720.303 – the open meeting law – and without the knowledge of the entire Board, which the document also falsely states is a resolution “of the Board.”
It most certainly was not as at least two Board members had no knowledge of it. All Resolutions must also be done by giving notice to the community and allowing the residents their mandatory input at an open board meeting. There’s no wiggle room here.
It would be helpful if the officers and the property manager would refrain from e-blasting false and misleading statements in an attempt to discredit these accurate reports (the CL-Updates). The e-blast on behalf of these four officers is a type of defamation called libel (written). It is disgraceful and an abuse of power, and your outrage is warranted.