DISPUTED COMCAST CONTRACT CAUSES RIPPLE EFFECTS IN TOWNGATE

For as long as there are official records, homeowners have not elected their directors and few homeowners would show up at an annual member meeting. This all changed in 2019, after President Scott Maurer signed a questionable 30 Million Dollars, 12-year-term contract with Comcast.

OCT 2019 – COMCAST CONTRACT CAUSES MASSIVE QUARTERLY FEE INCREASE

Hundreds of angry homeowners showed up at the annual meeting, but because the meeting room had only capacity for 90 people, the doors were closed and many homeowners were turned away. The room could not hold enough homeowners to attain quorum and therefore, no directors could be elected by homeowners, or so they were told. The old board stayed in place and continued the spending spree the board had started in 2018, depleting the reserves of the Towngate Master association by more than 1 Million Dollars of homeowners money, which we had saved in case a major hurricane would hit us.

NOV 2020 – HOMEOWNERS ELECT DIRECTORS, A NEW BEGINNING?

A year later, on Nov. 17th, 2020, more than 500 homeowners elected three new directors at the annual member meeting and called a special member meeting for March 3rd, 2021 to recall/replace the other directors because they were told that they could only elect three new directors.

The new directors had pledged to review and renegotiate the Comcast contract to possibly reverse the quarterly assessment fee increase of 57% from 2019. However, in February 2021, President Paul Jaquith reneged on his pledge and refused to utilize the association’s attorney to negotiate with Comcast.

MAR 2021 – EMBATTLED SPECIAL MEMBER MEETING

Instead, Paul Jaquith wanted to cancel the special member recall meeting. When the association’s attorney told him at the February board meeting that he doesn’t have the authority to cancel a meeting called by homeowners, he REFUSED to mail the required notice for the special member meeting on March 3rd 2021. When two Directors suddenly resigned, Paul Jaquith failed to have the board appoint two replacement directors on February 16th, as required by our bylaws and Florida Statutes.

Homeowners took matters into their own hands and hand-delivered the notice for the special member recall meeting to all homes and additionally mailed the notice to homeowners with a different mailing address on file. President Paul Jaquith, subverting the homeowners right to recall, replace, and elect directors, directed Stephanie, the community association manager, to send two email blasts to all homeowners, incorrectly claiming that the notice copies delivered by homeowners were invalid, using parts of a legal opinion from the association’s attorney out of context.

Paul Jaquith did not attend the member meeting on March 3rd, being the first President in the history of Towngate who didn’t show up at a member meeting. Was he afraid of facing the homeowners who elected and trusted him? He and the treasurer were recalled by 346 votes (out of 347) and four replacement directors were elected by homeowners.

MAR 2021 - PRESIDENT FAILS TO FOLLOW THE LAW

According to Florida law, if a special member meeting to recall directors is held, the board has to meet withing 5 full business days after the recall meeting to either certify or dispute the recall. Again, President Paul Jaquith failed to follow Florida law and recall dispute procedure and did not call a board meeting within the required timeframe and therefore the recall became effective on March 11th.

According to Florida Statutes 720.303.10f, a recall is deemed effective if the board fails to meet within the 5 days, and the recalled directors have to immediately turn over all records and property to the association. Not totally surprising, the recalled President Paul Jaquith did not relinquish his office, instead he decided to hire a new lawyer, paid by homeowners, since he didn’t like the legal advice he got from the association’s attorney. https://nextdoor.com/p/fKMn54wGPRcR?utm_source=share&extras=NjA5NTQzODM%3D

Sure enough, the new lawyer provided him with the legal opinion he wanted, but this is completely irrelevant, because nowhere the Florida Statutes suggest that a recall dispute is decided by the lawyer representing one of the sides. Otherwise, we wouldn’t need judges and courts anymore!

The only way to resolve a recall dispute is by following the dispute resolution process mandated by Florida Statute 720.303.10d. Whether a recall is valid can only be decided by a judge or an arbitrator from the Florida Department of Business and Professional Regulation (DBPR), not by a lawyer.

LAWYERS ARE NOT JUDGES, as the original association’s attorney had pointed out on March 15th.

During the next regular scheduled board meeting on March 16th, Paul Jaquith made a motion to not certify the recall, but failed to follow Florida law again, which requires the board to file a petition with the DBPR within 5 business days after the board meeting to start the recall dispute resolution process.

Escalating the dispute, the recalled President decided to flout the law again and appointed two directors he had hand-picked at an invalid special board meeting on Easter Monday, April 5th, completely ignoring the election of replacement directors by the homeowners. What a mess!

APR 2021 - TOWNGATE ASSOCIATION IN TURMOIL

Not filing a petition for arbitration to resolve the recall dispute as mandated by Florida Statutes is probably a breach of fiduciary duty. Now, Towngate might be in for an extended period of uncertainty since it is not settled who has the authority to spend homeowners’ money.

There is considerable risk for any director with a disputed status to participate in board decisions and even for the management company since it did not stay neutral in the recall dispute. Not sure whether the wanton disregard for Florida laws and dispute resolution procedures is covered by the association’s insurance policy.

Paul Jaquith has the right to dispute his recall by filing a petition with the DBPR in compliance with FS 720.303.10k. Instead, he hired a lawyer believing the lawyer could decide the dispute. This is not how the legal system works in the United States of America. To add injury to insult, he uses homeowners money to pay for his lawyer. Paul’s actions are not supported by Florida law and therefore unlawful!

APR 2021 – PRESIDENT ANNOUNCES LEGAL ACTION AGAINST HOMEOWNERS

After repetitively breaking Florida law, Paul Jaquith has the audacity to threaten legal action against the homeowners who believe that they have a right to elect replacement directors at a special member meeting. At the very least, Paul Jaquith’s claim, that he is still President and a director, would be no more valid than theirs - as long as an arbitrator or judge has not issued a final judgement as required by Florida law.

Paul Jaquith said during the invalid board meeting on April 5th: “Whatever you see on social media or anything else is not the board and I would suggest those people that are putting those things out there, you run the risk if you don’t cease and desist of being, of having legal issues and we are asking you to please cease and desist” Listen to him at 6:50: https://www.youtube.com/watch?v=azFvrgJrEsw

On April 7th, another email blast was sent out, in which Paul Jaquith repeated his threat: “those individuals making claims that they have been elected could be subject to further legal action.” Homeowners have started a legal defense fund to be prepared for Paul Jaquith’s legal actions against us homeowners.

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DISPUTED COMCAST CONTRACT CAUSES RIPPLE EFFECTS IN TOWNGATE https://nextdoor.com/p/--zJxPkNqJcM?utm_source=share&extras=NjA5NTQzODM%3D