STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

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1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES VICTOR SUAREZ, CASE NO vs. Petitioner, DORAL ISLES COMMUNITY ASSOCIATION, INC., Respondent. / PETITIONER S FIRST STATEMENT OF PARTICULARS FILED IN RESPONSE TO RESPONDENT S NOTICE OF FILING DATED JANUARY 11, 2017 Petitioner, VICTOR SUAREZ, by and through undersigned counsel, files this First Statement of Particulars, in response to Respondent s Notice of Filing dated January 11, 2017 and the Arbitrator s inquiries at the Case Management Conference, as follows: On January 11, 2017, pursuant to the Arbitrator s Order After Case Management Conference dated January 9, 2017, Respondent filed the tally of votes cast in the June 2, 2016 election. A review of the tally shows as follows: Current Board member Milena Diaz won election to the Board by a margin of only 5 votes above the next non-elected highest candidate, Saskia De Oliveira; by a margin of only 12 votes above Flavia Pedrosa; only 13 votes above Jose Ron; and only 28 votes above Miguel Ferrando. Current Board member Madelen Celis won election to the Board by a margin of only 10 votes above the next non-elected highest candidate, Saskia De Oliveira; by a margin of only 17 1

2 votes above Flavia Pedrosa; only 18 votes above Jose Ron; and only 33 votes above Miguel Ferrando. Current Board member Leslie Mota won election to the Board by a margin of only 15 votes above the next highest candidate, Saskia De Oliveira; by a margin of only 22 votes above Flavia Pedrosa; only 23 votes above Jose Ron; and only 38 votes above Miguel Ferrando. Current Board member Bum Park won election to the Board by a margin of only 31 votes above the next highest non-elected candidate, Saskia De Oliveira. As set forth in the tabulation of Petitioner s proxy challenges, attached hereto as Exhibit A, Petitioner has identified at least 33 proxies which are invalid on their face. 1 These proxies are invalid because: a. at least 2 are actually fraudulent, as verified in the Affidavit attached hereto as Exhibit B; 2 b. at least 5 are undated, unsigned, or expired; c. for at least 3, two proxies were submitted for the same property, constituting an invalid double vote; d. at least 19 were signed by a person who was not the owner of the property; and e. at least 1 was signed by an owner who was delinquent and ineligible to vote. As such, if the Arbitrator invalidates only those proxies which are invalid on their face, the election results will be changed and Milena Diaz, Madelen Celis, Leslie Mota and Bum Park will all be removed from the Board. 1 In the court of preparing this Statement of Particulars, Petitioner identified 5 additional invalid proxies all of which are set forth in Ex. A. 2 Fraudulent proxies were submitted for Manuel Escotet on two properties, although the attached Affidavit refers specifically to only one of the two properties. A second Affidavit is forthcoming. 2

3 In addition, Petitioner has identified at least 34 other proxies which appear to be forged signatures. Petitioner anticipates that he will be able to confirm that at least some of the property owners did not sign those additional proxies before the arbitration hearing in this matter. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was served on Jose Garcia, Esq. and Andrew Cuevas, Esq., Counsel for Respondent, by on this 18 th day of January, BROWN & VERGARA, LLC 4000 Ponce De Leon Blvd., Ste. 470 Coral Gables, FL Tel.: (305) Fax: (305) kbrown@brownvergara.com By: /s/ Kevin W. Brown KEVIN W. BROWN Fla. Bar No

4 EHIBIT A 4

5 SUAREZ v. DORAL ISLES PROY CHALLENGES No. Name on Ilva Perez Inverper Corp./ Francisco Perez Puche Actual Owner Address Fraudulent (owner has verified s/he did not sign proxy) NW 66 St Unit Unreadable NW 72 Terr 2100 La Masseria, Inc. by Igino Follo Sandra James Reus Roberto De Armas 2784 Galileo Digiacomo/ Giuseppa Digiacomo Manuel Escotet La Masseria, Inc. by Amanda Sigonia Invalid on its face because of no date on proxy, improper date or no signature Double Vote by a person who is not the owner of the unit NW 73 St by owner who was unable to vote because of delinquencies Possible forgery (discrepancy between signatures) NW 71 St 6823 NW 109 Ave 7086 NW 109 Ct NW 68 St

6 No. Name on Manuel Escotet 4844 Sebastian Covos/Emilise Villanueva 9996 Carlos Victoria/Catali na Victoria 3948 Manuel Garzon/Claudi a Pinto Robert Barany/Gesa Barany Actual Owner Address Fraudulent (owner has verified s/he did not sign proxy) NW 66 Unit 505 Invalid on its face because of no date on proxy, improper date or no signature Double Vote by a person who is not the owner of the unit by owner who was unable to vote because of delinquencies Possible forgery (discrepancy between signatures) NW 66 St 6684 NW 107 Pl NW 65 St NW 71 St Jose Braz NW 67 St 300 Winward Properties/ Vanessa Michalup Carolina Correa imena Hothnance Winward Properties/ Nicole Ginic & Gabriel Michalup Luis Gonzalo- Vazquez NW 72 Ter NW 70 St NW 66 ST Unit Teo Offman Christian Eiroa NW 73 Ter

7 No. Name on Actual Owner Address Fraudulent (owner has verified s/he did not sign proxy) Invalid on its face because of no date on proxy, improper date or no signature Double Vote by a person who is not the owner of the unit by owner who was unable to vote because of delinquencies Possible forgery (discrepancy between signatures) 4116 Manuel Gonzalez/Alf a Gonzalez NW 61 St Investment LLC/ William Hammani Investment LLC/ William Hammani NW 62 Ter Challenge to Withdrawn Johnay Nepa 6864 NW 113 Pl Johnay Nepa NW 69 St Luis Arispe NW 66 St Unit Jorge Pena NW 66 St Unit Lisette Restrepo 708 Madeline Ojeda NW 73 Ter NW 72 Ter 744 Carlos De Hostos/Noria De Hostos Jose Luis De Freitas/ Olimpia Dinora Barrios NW 72 Ter

8 No. Name on 6468 Usama Kirbai Maklad 228 Faim Guiruis/Samee h Tadros 720 Hacock Invst & Trade/Maria Merino 7332 Pasquale Pisana 1788 Sonia Castaneda 7368 Jackeline Fernandez 612 Nagus Investment LLC/Pomputo Lopez 660 Joseph Murray/Maria Murray Oscosino Munoz 3372 Rotunno Housing Inc./ Actual Owner Address Fraudulent (owner has verified s/he did not sign proxy) Raymond King/ Lorella Del Pezzo Negus Investment LLC/Guies Brown Egilda Mendoza Invalid on its face because of no date on proxy, improper date or no signature Double Vote by a person who is not the owner of the unit by owner who was unable to vote because of delinquencies Possible forgery (discrepancy between signatures) NW 59 Ter NW 72 Ter NW 72 Ter NW 62 Ter NW 73 Ter NW 62 Ter NW 72 Ter NW 72 Ter NW 66 St Unit NW 65 St

9 No. Name on Actual Owner Address Fraudulent (owner has verified s/he did not sign proxy) Invalid on its face because of no date on proxy, improper date or no signature Double Vote by a person who is not the owner of the unit by owner who was unable to vote because of delinquencies Possible forgery (discrepancy between signatures) Michele Rotunno Jose Vila NW 71 St Cassola Investments/ Fernando Cassingena Jose Rafael Abinadr 156 Aizpurus Investment/ Consuelo Aizpurua 3972 Ramon Valls/Soraya Valls Benedetto Perrino Cassola Investments/ Enmanuel Cassingena Aizpurus Investment/ Mikel Aizpurua Pedro Blanco Jorge Giannattasio/ Gustavo De Angelis 9696 Pina G. Cocchiola 4488 Francisco Perez Puche Pedro Pastore/ Raquel Chavez NW 66 St Unit NW 71 Ter NW 72 Ter NW 66 St NW 71 St NW 70 St 5926 NW 110 Ct 6218 NW 113 Pl

10 No. Name on Inverper Corporation/ Paco 2928 Fernando De Cassingena/ Lillian De Cassingena Actual Owner Address Fraudulent (owner has verified s/he did not sign proxy) Inverper Corporation/ Francisco Perez Puche NW 66 St Unit 408 Invalid on its face because of no date on proxy, improper date or no signature Double Vote by a person who is not the owner of the unit by owner who was unable to vote because of delinquencies Possible forgery (discrepancy between signatures) 7233 NW 108 Ct Elias Kasabdj 6821 NW 113 Ct 2688 Violeta Gonzalez Madeline Gonzalez 8064 Luciana Serapiglio 7656 Antigua 6275, LLC/ Djabra Kasabaji 4980 CNK Investments, Inc./ Katar Zequen Antigua 6275, LLC/ Jorge Kasabaji CNK Investments, Inc./ Nouman Katat 7049 NW 10t Ct 6944 NW 115 Pl 6491 NW 109 Av 6275 NW 109 Av 6513 NW 112 Pl 4944 Jale Luis Poza 6491 NW 112 Pl 2844 Rocio Aquino/ Angel Orengo 7130 NW 109 Ct

11 No. Name on 816 Alvaro Parra Juan David Carvajal Plata/ Carla Azucena Saldivia Carvajal 5028 Miriam Patricia Daniel Actual Owner Address Fraudulent (owner has verified s/he did not sign proxy) Anne Marie Towers, LLC 5028 Miriam Daniel 6450 NW 110 Ave Invalid on its face because of no date on proxy, improper date or no signature Double Vote by a person who is not the owner of the unit 7101 NW 109 Pl 6538 NW 113 Pl by owner who was unable to vote because of delinquencies Possible forgery (discrepancy between signatures) TOTAL Juan Pablo Cadena Irasema Zuniga 3012 Brenda Davalos Shatrin Alcedo Aurora Loan Services/ Ginette Ortega 5982 NW 113 Pl NW 66 St 7290 NW 107 Pl NW 69 St TOTAL

12 EHIBIT B 5

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Los Suenos Condominium Association, Inc.,