STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES VICTOR SUAREZ, CASE NO. 2016-03-6359 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
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
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 email on this 18 th day of January, 2017. BROWN & VERGARA, LLC 4000 Ponce De Leon Blvd., Ste. 470 Coral Gables, FL 33146 Tel.: (305) 909-7331 Fax: (305) 909-7336 E-mail: kbrown@brownvergara.com By: /s/ Kevin W. Brown KEVIN W. BROWN Fla. Bar No. 130486 3
EHIBIT A 4
SUAREZ v. DORAL ISLES PROY CHALLENGES No. Name on 18024 Ilva Perez Inverper Corp./ Francisco Perez Puche Actual Owner Address Fraudulent (owner has verified s/he did not sign proxy) 10770 NW 66 St Unit 410 11316 Unreadable 10924 NW 72 Terr 2100 La Masseria, Inc. by Igino Follo 10716 Sandra James Reus 14496 Roberto De Armas 2784 Galileo Digiacomo/ Giuseppa Digiacomo 15132 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 10940 NW 73 St by owner who was unable to vote because of delinquencies Possible forgery (discrepancy between signatures) 11131 NW 71 St 6823 NW 109 Ave 7086 NW 109 Ct 11376 NW 68 St
No. Name on 17292 Manuel Escotet 4844 Sebastian Covos/Emilise Villanueva 9996 Carlos Victoria/Catali na Victoria 3948 Manuel Garzon/Claudi a Pinto 10908 Robert Barany/Gesa Barany Actual Owner Address Fraudulent (owner has verified s/he did not sign proxy) 10750 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) 11355 NW 66 St 6684 NW 107 Pl 11343 NW 65 St 11201 NW 71 St 14136 Jose Braz 10932 NW 67 St 300 Winward Properties/ Vanessa Michalup 13836 Carolina Correa 18276 imena Hothnance Winward Properties/ Nicole Ginic & Gabriel Michalup Luis Gonzalo- Vazquez 11024 NW 72 Ter 10918 NW 70 St 10720 NW 66 ST Unit 103 1740 Teo Offman Christian Eiroa 10866 NW 73 Ter
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 11370 NW 61 St 3300 11257 Investment LLC/ William Hammani 11257 Investment LLC/ William Hammani 11257 NW 62 Ter Challenge to Withdrawn 15408 Johnay Nepa 6864 NW 113 Pl 14856 Johnay Nepa 11337 NW 69 St 20088 Luis Arispe 10700 NW 66 St Unit 114 20256 Jorge Pena 10700 NW 66 St Unit 214 1728 Lisette Restrepo 708 Madeline Ojeda 10865 NW 73 Ter 11160 NW 72 Ter 744 Carlos De Hostos/Noria De Hostos Jose Luis De Freitas/ Olimpia Dinora Barrios 10974 NW 72 Ter
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 16404 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) 11309 NW 59 Ter 10987 NW 72 Ter 11161 NW 72 Ter 10942 NW 62 Ter 10874 NW 73 Ter 10950 NW 62 Ter 11136 NW 72 Ter 11148 NW 72 Ter 10730 NW 66 St Unit 501 11282 NW 65 St
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 11004 Jose Vila 11221 NW 71 St 18120 Cassola Investments/ Fernando Cassingena 11016 Jose Rafael Abinadr 156 Aizpurus Investment/ Consuelo Aizpurua 3972 Ramon Valls/Soraya Valls 10800 Benedetto Perrino Cassola Investments/ Enmanuel Cassingena Aizpurus Investment/ Mikel Aizpurua 14064 Pedro Blanco Jorge Giannattasio/ Gustavo De Angelis 9696 Pina G. Cocchiola 4488 Francisco Perez Puche Pedro Pastore/ Raquel Chavez 10770 NW 66 St Unit 504 11222 NW 71 Ter 10969 NW 72 Ter 11345 NW 66 St 11150 NW 71 St 10928 NW 70 St 5926 NW 110 Ct 6218 NW 113 Pl
No. Name on 20520 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 10700 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 15240 Elias Kasabdj 6821 NW 113 Ct 2688 Violeta Gonzalez 15552 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
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 2 2 6 18 34 7152 Juan Pablo Cadena 19068 Irasema Zuniga 3012 Brenda Davalos 14484 Shatrin Alcedo 13692 Aurora Loan Services/ Ginette Ortega 5982 NW 113 Pl 10720 NW 66 St 7290 NW 107 Pl 10913 NW 69 St TOTAL 2 5 6 19 1 34
EHIBIT B 5