1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES VICTOR SUAREZ, CASE NO. 2016-03-6359 Petitioner, vs. 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
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES
VICTOR SUAREZ, CASE NO. 2016-03-6359
Petitioner,
vs.
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
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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.
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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 18th day of January, 2017.
