During a HOA meeting held September 13, 2014, our new Foxwood Glenn Board of Directors (BOD) voted to return late fees, interest fees, and attorney fees which were unfairly and illegally assessed to two Foxwood Glenn homeowners back in 2008 by a previous BOD.
The two homeowners had been turned over to local attorney Susan Harnden for collection of 2007 and 2008 dues, when there were 32 other Foxwood Glenn homeowners who had also not paid 2007/2008 dues. According to Florida Statutes, this was a clear act of selective enforcement on the part of the 2008 board president, Terry Nitti, and treasurer, Tom Mills, who apparently had personal disagreements with the two homeowners. Nitti and Mills personally refused to accept dues payment from one of the homeowners on December 9, 2007, stating that they could not accept payment because they were “looking for a new property manager”. Despite the fact that a total of 34 homeowners were late paying 2007/2008 dues, only the two homeowners were forced to pay an additional $277.85 each in late fees, interest fees, and attorney fees. A copy of the collection attorney letter (dated April 11, 2008), which was sent only the two homeowners, is presented below.
During the years following the unfair and illegal enforcement, Terry Nitti and Tom Mills refused to provide the two homeowners access to HOA records, presumably to withhold evidence of the selective enforcement. The information was successfully withheld from the two homeowners until 2010, when the case was investigated by the Florida Department of Business and Professional Regulation, and the HOA’s property manager at that time (Joanie Trotman) was forced to provide the records. The HOA records clearly showed that the BOD had accepted 2007/2008 dues payments from the 32 other delinquent homeowners after the date that the two homeowners received the attorney collection notice (April 11, 2008) without charging the other 32 any late fees or attorney fees. The long-withheld records also showed that the BOD had spent nearly $8,500 of HOA funds for attorney and CAM fees between 2008 and 2010 fighting the two homeowners over this issue.
Tom Mills and Terry Nitti’s use of their positions on the HOA board to financially punish two neighbors with whom they disagreed has cost our HOA over $9,000 in legal fees and reimbursements of illegally-charged collection fees:
Terry Nitti held exclusive control of the HOA checkbook between April 2006 and October 2013, until several concerned homeowners forced the first proper BOD election held since 2008. Although Terry Nitti and Tom Mills were re-elected, three other homeowners, who were new to the BOD, were also elected. After reviewing the 2007 and 2008 dues collection records (which proved the selective enforcement of dues collection rules) the new board members decided to return the late fees, interest fees, and attorney fees which were wrongfully charged to the two homeowners.
Terry Nitti has resigned from the Board of Directors. One of the new board members recently sold his home, thus is no longer on the BOD. The remaining BOD members appointed two new homeowners to replace Terry and the board member who sold his home. Tom Mills remains on the board, although he has attended only one board meeting since the October 2013 election (to argue against returning the illegally-charged fees to the two homeowners).
The decision by the new board of directors to return the illegally-charged fees shows that the divisiveness, which prevented harmony in this HOA since 2005, has now ended. Our new BOD is now holding regular, properly-announced meetings, has reconciled past unfair dues collection practices, and is now fairly enforcing dues collection and HOA covenants.
The following items
(obtained from our official HOA records)
supports the information presented above:
supports the information presented above:
Below is a copy of the only letter (falsely labeled “Final Notice”) from Attorney Susan Wilkinson Harnden of Durst & Harnden PL sent exclusively to the two Foxwood Glenn homeowners in 2008. The Harnden letter is demanding payment of 2007 and 2008 dues, plus late charges, interest, and attorney fees, which were not charged to the other Two (2) homeowners whom had not paid their 2007 dues by the date of this letter, or to the other thirty-two (32) homeowners whom had not paid not paid their 2008 dues by the date of this letter. It is important to note that this was the only notice sent to the two homeowners to demand payment of 2008 dues and that HOA records indicate no late notices were sent by Harnden to the other thirty-two (32) homeowners whom had not paid not paid their 2008 dues by the date of this letter.
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| Susan Wilkinson Harnden - Durst & Harnden PL |
The data below, obtained from our official HOA records, confirms that thirty two (32) homeowners had not paid annual dues for the same time period as the two homeowners who were turned over to the collection attorney. Although the homeowners listed below had failed to pay dues until after the two homeowners received the April 11, 2008 attorney notice, these 32 people were not turned over to the attorney or charged late fees, attorney fees, or penalties for 2007 or 2008 dues delinquency.
Homeowner Address 2007 Dues Payment 2008 Dues Payment
Scott Bentz 9006 Foxwood Drive North April 18, 2008
Steve Sofge 9016 Foxwood Drive South April 18, 2008
Gervin Robertson 9022 Foxwood Drive North April 30, 2008
Willie Spencer 9024 Foxwood Drive South May 27, 2008
Richard Senn 9030 Foxwood Drive North May 12, 2008
James Hefelfinger 9031 Foxwood Drive North April 16, 2008
Not Provided 9032 Foxwood Drive South May 7, 2008
Algie Hendrieth 9038 Foxwood Drive North May 12, 2008
Althea Wilson 9040 Foxwood Drive South June 2, 2008
Benjamin Threadgill 9046 Foxwood Drive North April 18, 2008
Charles Moloney 9047 Foxwood Drive North April 22, 2008
Cynthia Gammons 9048 Foxwood Drive South April 19, 2008 May 13, 2008
Kenneth Dale Finch 9053 Foxwood Drive North May 5, 2008
Jh Leale 9054 Foxwood Drive North May 5, 2008
Daniel Wussler 9055 Foxwood Drive South March 2, 2008
Robert Culver 9056 Foxwood Drive South Not Paid
Arnell Willis-Bryant 9065 Foxwood Drive North December 31, 2008 December 31, 2008
Thomas Mato 9066 Foxwood Drive North May 13, 2008
Richard Sermon 9067 Foxwood Drive South June 18, 2008
Dian K Sharma 9070 Foxwood Drive North May 8, 2008
Stanley Maluty 9079 Foxwood Drive North May 8, 2008
Donnie Dance 9080 Foxwood Drive South April 15, 2008
Dana Yon 9086 Foxwood Drive North May 6, 2008
Stella Vivien Martin 9089 Foxwood Drive South September 20, 2008
Thomas Christof 9095 Foxwood Drive South May 9, 2008
Ernest Reddick 9096 Foxwood Drive South May 7, 2008
Angie Harden 9104 Foxwood Drive South April 19, 2008
Gary Cowan 9112 Foxwood Drive South June 18, 2008
Natalie Bedonie 9127 Foxwood Drive South April 17, 2008
Not Provided 3111 Foxwood Lane May 13, 2008
Joseph Rhodes 3114 Foxwood Lane April 18, 2008
Dorinda Murray 3119 Foxwood Lane April 19, 2008
Date of Collection Attorney Letter Sent to Only Two Homeowners April 11, 2008
Date of Collection Attorney Letter Sent to Only Two Homeowners April 11, 2008
Below is an excerpt from a Foxwood Glenn payment ledger, which shows several payments made to attorneys by Tom Mills and Terry Nitti to selectively enforce collection penalties during 2007/2008 by forcing only two homeowners to pay late fees, interest fees, and attorney fees while the 32 other delinquent homeowners for that time period were not charged any fees.
Below is a check written by Terry Nitti to Michael C Rayboun of Rayboun Mulligan PLLC for legal services presumably related to the HOA records withholding issue and/or the website issue.
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| Michael Rayboun - Rayboun Mulligan |
Below is a check written by Terry Nitti to the HOA property manager (Joanie Trotman of Florida Association and Property Management Company) for additional services presumably related to the HOA records withholding issue and/or the website issue which began in late 2010.
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| Joanie Trotman - Florida Association and Property Management |
Below are the reimbursement checks recently returned to the two FWG homeowners by our new, ethical BOD members who acknowledged that the previous BOD had selectively enforced collection penalties in 2008 by forcing only two homeowners to pay late fees, interest fees, and attorney fees while 32 other delinquent homeowners were not charged any fees.
Below are copies of emails documenting that the 2010/2011 Foxwood Glenn BOD instructed their property manager (Joanie Trotman of Florida Association and Property Management Company) to illegally withhold HOA records from a homeowner and/or attempt to force that homeowner to pay for access to the HOA records. This correspondence was the key evidence used to prove to the Florida Department of Business and Professional Regulation investigator that HOA records were being illegally withheld from a Foxwood Glenn Homeowner.
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From: Dale Finch Dale.Finch@centurylink.com
To: Joanie Trotman jtrotman@myfloridahoa.com
Terry Nitti terry.nitti@gmail.com
Tom Mills temillsjr@hotmail.com
Date Wed, Jan 5, 2011 at 9:22 AM
Subject RE: Happy New Year!
mailed-bycenturylink.com
Thanks Joanie. There is no need to provide John the HOA records he is requesting. I do not want to spend another penny to comply with John's demands. Thank you.
Kenneth Dale Finch
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From Joanie Trotman jtrotman@myfloridahoa.com
To: Terry Nitti terry.nitti@gmail.com
Dale Finch ccbiker_911@hotmail.com
Date: Sat, Jan 15, 2011 at 1:21 PM
Subject: Foxwood Glenn Services Invoice
Per our conversation, our invoice for services is attached. We have spent more than 30 hours dealing with the records requests and website issue. Please confirm receipt of same and let me know when we can expect payment.
Thanks.
Joanie
Joanie Trotman
Florida Association & Property Management, Inc.
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From: Dale Finch biker_911@hotmail.com
Date: Sun, Jan 16, 2011 at 10:45 AM
Subject RE: Foxwood Glenn Services Invoice
I think this needs to be billed to John Shannon, since this was done to deal with his issues.
Dale
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From: Joanie Trotman jtrotman@myfloridahoa.com
To: Dale Finch biker_911@hotmail.com
Date Sun, Jan 16, 2011 at 2:32 PM
Subject RE: Foxwood Glenn Services Invoice
The association could bill John Shannon for the work but the invoice should be paid by the association.
Thanks.
Joanie Trotman
Florida Association & Property Management, Inc.
________________________________________________________________________________
From: Dale Finch biker_911@hotmail.com
Date Mon, Jan 17, 2011 at 10:06 AM
Subject RE: Foxwood Glenn Services Invoice
I agree Joanie. Please see my previous e-mail to the board on this. Any additional work done to meet John Shannon's requirements should be paid by Mr. Shannon on an up front basis.
Dale
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“Such is the moral construction of the world that no crime passes unpunished in the long run... Were present oppressors to reflect on the same truth, they would spare to their own the penalties on their present wrongs which will be inflicted on them in future times. The seeds of hatred and revenge which they sow with a large hand will not fail to produce their fruits in time. Like their brother robbers on the highway, they suppose the escape of the moment a final escape and deem infamy and future risk countervailed by present gain.”
- Thomas Jefferson -______________________________________________________________________________________________________
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