Carlos Arteaga and Raul Aguilera (SPM Group Inc) make a monkey out of Shirley J. Whitsitt, arbitrator from the Department of Business and Professional Regulations. Effective May 21, the arbitrator ruled that within five (5) business days from the effective date of the Final Order, Manuel Ortega, Francene Hasana, and David Prince are to deliver any and all records of the Association to the present Board. These five (5) business days are long over. The present Board send letters on June 9,10, 15, and 16 via fax, e-mail and certified mail to the old Board and SPM Group, Inc, the association's management company. The letter requested what the arbitrator had ordered to turn over any or all association records. SPM Group Inc, management, claims that we are charged with the housing and storing the documents but no documents are turned over to the present Board. Who has the responsibility according to section 720.303. Of the Florida Statutes? In the meantime the Association is under threat from the City of Hialeah inspectors about tree trimming and grass cutting violations. How long does our community has to endure Florida's Homeowners powerless legal system. Even after going through the arbitration process homeowners in our community have to resort to the circuit courts to recover the control of the association.
During this past year it has become obvious to us that SPM Group Inc has taken liberties and made decisions that only the Board is entitled to make. Sample in case, Mr. Carlos Ortega, replied on October 21 to the first request of recall ballots certification in behalf of the Board. According to section 720.303 (10) (c) 2 of the Florida Statutes The board not the management company shall duly notice and hold a board meeting within 5 full business days after the adjournment of the member meeting to recall one or more directors. At the meeting, the board shall certify or reject the recall. Records where send to the arbitrator, at the time, as if the Board had their meeting and reject the recall ballots. The present Board has evidence, case of Palm Springs Villas Maintenance, Inc. Vs. Rebeca Perez (a homeowner in our community) Case No.: 07 30560 CC 23, were the president of the board, Mr. Manuel Ortega, and the treasurer of the board, David Prince, testified, under oath, that they were unaware of the recall process and that there had never been a meeting to address the certification of the recall ballots. Mr. Artega, if the Board was unaware of the recall process, then who rejected the recall agreement ballots and then filed for arbitration? During the resent arbitration the attorneys acting as if representing the Board submitted an affidavit by Mr. Manuel Ortega as if the recall ballots were not delivered to him after his next door neighbor Philip Stone signed for the recall ballots submitted for certification. During a brief meeting at Manuel Ortegas home, on Thursday, May 20th at 6 pm with Mr. Luis Delgado, Secretary of the Board, and two other witnesses, Mr. Ortega advised the present Board that he did not signed the affidavit mentioned on the records challenging the arbitration. Mr. Ortega was very concerned and upset that someone at SPM Group Inc, forged his signature on a legal document. The present Board agrees with Mr. Ortega, since the signature on the affidavit does not match Mr. Ortegas signature on the Associations legal documents, or the articles of incorporation of Orte-Fabric, Inc AKA Ortegas Industries (a Manuel Ortega's company). We say SPM's management as Moises did to Pharaoh 5,000 year ago let my people go!
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