Lisa Hargrove - seminolepalms.com

1655 Palm Beach Lakes Blvd.
Suite 800
West Palm Beach, FL 33401
Phone: 561-227-9344
Fax: 561-909-2114
Greenstein-law.com
April 6, 2015
Via U.S. Mail
Lisa Kallai-Hargrove
310 S. FEDERAL HWY
BOYNTON BEACH, FL 33435
Re:
Demand to Turn Over Property Belonging
to Seminole Palms Homeowners Association Inc.
Dear Ms. Kallai-Hargrove:
We represent Seminole Palms Homeowners Association Inc. (the “Association”). This letter
constitutes a formal demand that you turn over all property belonging to the Association that is in
your possession, custody, or control, and cease tortuously interfering with the Association’s affairs
and operations.
On March 24, 2015, the Association held its duly noticed Annual Meeting, at which an election
for the Board of Directors of the Association (the “Board of Directors”) occurred. A quorum was
present at the Annual Meeting. After nominations were accepted from the floor, Allen Borza,
Sterling Jean, and Ted Matz, were unanimously elected as members of the Board of Directors. A
copy of the minutes from the Annual Meeting are enclosed herewith. After the Annual Meeting, a
meeting of the Board of Directors occurred, at which Allen Borza was appointed President of the
Association, Ted Matz was appointed Vice President of the Association, and Sterling Jean was
appointed Treasurer of the Association. A copy of the minutes of the Board of Directors’ meeting
are also enclosed herewith. Consequently, you are no longer a member of the Board of Directors,
nor an officer of the Association, and you have no authority to act on behalf of the Association, or
to possess its property.1 Given you are not a member of the Board of Directors, nor an officer of
the Association, it was also resolved that your name be removed as a signor on all Association
bank accounts.
On or about March 26, 2015, the Board of Directors caused the Association’s Annual Report to be
filed with the Florida Department of State, Division of Corporations (the “Division of
Corporations”). Among other things, the Annual Report updated the Association’s records to
accurately reflect the constitution of the new Board of Directors, and officers, as well as the fact
that Phoenix Management Services, Inc. the Association’s current property manager, is the
Registered Agent for the Association.
1
The Association expressly reserves, and is not waiving, its right to assert that you were not a member of
the Board of Directors, nor an officer of the Association, prior to March 24, 2015, and that any actions
taken by you, purportedly on behalf of the Association, either before, or after, such date are void.
West Palm Beach, Florida • Lake Worth, Florida • Wellington, Florida • Orlando, Florida • Tampa, Florida • New York City, NY
1655 Palm Beach Lakes Blvd.
Suite 800
West Palm Beach, FL 33401
Phone: 561-227-9344
Fax: 561-909-2114
Greenstein-law.com
It has come to our attention that you have taken several unlawful actions with respect to
Association property, and tortuously interfered with the Association’s business, in an apparent
attempt to thwart the efforts of the duly elected Board of Directors, and illegally ensconce yourself
as dictator of the Association. To wit, among other things, you caused a fraudulent Amended
Annual Report (the “Fraudulent Annual Report”) to be filed with the Division of Corporations. In
the Fraudulent Annual Report, you misrepresent that you are the President and Treasurer of the
Association, that Svetlana Buccellato is the Vice President and Secretary of the Association, and
that Platt & Surber, P.A., is the Registered Agent of the Association. In addition, you have
unlawfully interfered with the Association’s attempt to open new bank accounts at Valley National
Bank.
As if the foregoing were not enough, Regal CAM, Inc. (“Regal”), an entity that has no contractual
(or other) valid, binding relationship with the Association, is, at your direction, illegally trespassing
on Association property, and holding itself out as the property manager of the Association. Regal
has illegally changed the locks to the community clubhouse (the “Clubhouse”), and its employees
have barricaded themselves in the Clubhouse, and excluded the Board of Directors, and other
homeowners, from the Clubhouse. In addition, Regal has refused to turn over Association property
(which you apparently unlawfully provided to it), and has removed and converted other
Association property for its/your own use and benefit. As a result of Regal’s illegal trespass, the
Greenacres Police Department was called, and police officers dispatched to the Clubhouse. After
speaking with Allen Borza, the police advised Mr. Borza that this was a “civil matter,” and
recommended that Mr. Borza seek an order from a Judge requiring that the police forcibly remove
Regal from the Clubhouse. Be advised that should Regal not cease trespassing, and fail to turn
over all Association property in its possession, custody, or control, by April 8, 2015, the
Association has authorized us to commence legal proceedings in which we will, among other
things, seek an injunction requiring Regal to vacate, and return, all Association property.
To the extent you choose to contest the valid election of the duly constituted Board of Directors,
be advised that the Association has obtained the requisite number of signatures to recall you as a
Board member, pursuant to Fla. Stat. §720.303(10). Thus, one way or another, your imperial reign
as unilaterally appointed dictator of the Association has come to an end.
The Association hereby demands that you (i) turn over all Association property in your possession,
custody, and control, including, but not limited to, books and records, bank account statements,
keys to Association property, and agreements entered into with third parties; (ii) cause the
Fraudulent Amended Report to be withdrawn; (iii) send Regal a letter, cc’ing the undersigned,
advising it to vacate the Clubhouse, and turn over all Association property, including all keys, to
the undersigned; and (iv) send the undersigned a letter, in which you state that you are not a
member of the Board of Directors, nor an officer of the Association. If you do not comply with
the aforementioned by April 10, 2015, the Association has authorized us to commence legal
proceeding against, among others, you, and Ms. Buccellato, in which the Association will seek
injunctive relief, and damages, including attorneys’ fees and costs, resulting from, among other
things, the breach of your fiduciary duties.
West Palm Beach, Florida • Lake Worth, Florida • Wellington, Florida • Orlando, Florida • Tampa, Florida • New York City, NY
1655 Palm Beach Lakes Blvd.
Suite 800
West Palm Beach, FL 33401
Phone: 561-227-9344
Fax: 561-909-2114
Greenstein-law.com
GOVERN YOURSELF ACCORDINGLY.
Sincerely,
Richard S. Lubliner
ENCLOSURES
cc: Svetlana Buccellato
Todd E. Surber
West Palm Beach, Florida • Lake Worth, Florida • Wellington, Florida • Orlando, Florida • Tampa, Florida • New York City, NY