HomeMy WebLinkAbout23050811LETTER-ATLANTIC VIEW BEACH CLUB CONDOMINIUMCORNETT,
JANE L. CORNETT
HOWARD E. GOOGE•
DEBORAH L. ROSS
DAVID B. EARLE
ELIZABETH P. BONAN
CHARLES W. SINGER
OF COUNSEL
-CERTIFIED CIRCUIT CIVIL MEDIATOR
June 10, 2003
Michael Spotts, Esq.
Spotts Law Offices
300 Colorado Avenue, Suite 20.
Stuart, FI 34994 1
OGEE Ross & EAR.LE., P.A.
Re: Atlantic View Beach Club Condominium No. One Association, Inc
Dear Mr. Spotts:
401 EAST OSCEOLA ST.
FIRST FLOOR
RIVER OAK CENTER
STUART, FLORIDA 34994
MAILING' ADDRESS:
POST OFFICE BOX 66
STUART, FLORIDA 34995
(772) 286-2990
FAX (772) 286-2996
Via Facsimile
781-7838
The purpose of this letter is to follow-up our telephone conversation of June 9, 2003,
regarding. the above referenced matter. As we discussed, it is the Association's position
that your "anonymous" clients Jattempt at recall was invalid -and ineffective, because it did
not comply with the requirements of Chapter 718 Florida Statutes and Chapter 61 B of the
Florida. Administrative Rules. (Your position that you have complied with the provisions of
the Declaration of Condominium and therefore are not bound by the provisions of the
statute and the administrativelrules is simply incorrect. Please be advised that both Bernie
Chuinard and Hugh Larkin will continue to serve as members of the Board of Directors of
the Association until such time as their removal is effectuated by a proper recall, which
includes certification by the Board of Directors and/or the Division of Florida Land Sales,
Condominiums and Mobile Homes.
In light of the fact.that an effective recall has not taken place, your letter to Chase &
Webber, Inc., which states that "effective immediately a new Board of Directors has been
put in place at the Atlantic View Beach Club Condominium No. One Association and that
all contracts under the former Board of Directors are hereby null and void" is patently
untrue. Even if your clients are able to accomplish a valid recall, the contracts signed by
the Board of Directors of the Association will continue to bind. the Association. Thus, the
representations that you made to Chase & Webber constitute inappropriate tortuous
interference with the Association's business relationship with its contractor, and if the
Association suffers monetary damages as the result of same, the Association will hold both
you and your clients responsible accordingly.
June 10, 2003
Page 2
Chase and Webber, Inc. will not be communicating directly with you, and will not be faxing
you copies of any contracts, proposals or other documents relating to the balcony project.
In closing, it is my understanding tP
effort to accomplish the recall of Bel
commencement of the concrete ba
same, the Association will respond
as scheduled.
Since ely,
eborah L. Ross, Esq.
DLR/kmk
cc: 1,OKase and Webber, Inc.
Client
r you have filed suit on behalf of your clients in an
e Chuinard. and Hugh Larkin as well as to delay the
my restoration project. Upon receipt of service of
-ordingly, but in the interim, the project will proceed
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