4 class action lawsuit against Bella Collina (Part 4 of 15)

Despite knowledge of the illegality of its operation of the POA, the Conspirators, without property owner approval, appointed its agents, including at all relevant times Burman, Greene, Clarke and Lebreux, to act as unelected board members of the POA
Randall Greene was Accused of Stealing Bella Collina House

THE FRAUDULENT RECORDED AND POA DOCUMENTS

  1. Despite knowledge of the illegality of its operation of the POA, the Conspirators, without property owner approval, appointed its agents, including at all relevant times Burman, Greene, Clarke and Lebreux, to act as unelected board members of the POA and on the instruction of DCS, fraudulently recorded the Third Amendment to Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Bella Collina on September 4, 2012, the Fourth Amendment to Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Bella Collina on October 25, 2013, the Fifth Amendment to Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Bella Collina on March 19, 2014, and subsequent amendments to the CC&Rs, all of which alleged declarations were illegal and used in furtherance of the hereinafter described conspiracy to deprive POA members of their lots and control of their POA. (These unauthorized amendments are recorded at Book Number 4208, Page 409, Book Number 4398 Page 1814, Book Number 4453, Page 1983 in the official records of Lake County, Florida and are incorporated herein by reference.)
  2. On or about June 27, 2012, Greene, Burman and Arrighi, executed and included among the POA’s records, a document entitled “‘ACTION OF THE BOARD OF DIRECTORS OF THE BELLA COLLINA PROPERTY OWNERS ASSOCIATION, INC., TAKEN BY UNANIMOUS WRITTEN CONSENT IN LIEU OF A SPECIAL MEETING,” appointing themselves President, Vice President and Secretary, respectively, without any notice to the lot owners.
  3. From 2005 to 2009, Ginn and Burman filed false documents with the Florida Divisions of Corporation, indicating that Mike Searles, and other agents or employees of Ginn, were officers of the POA.
  4. On August 25, 2012, the Conspirators filed a document with the Florida Secretary of State falsely representing that the POA principle place of business was Burman and Aegis’ address, that Aegis was the registered Agent, and that Greene, Burman and Luen Chan, a lot owner, were the officers and directors of the POA, which confirmed the illegal “Action of the Board of Directors of the Bella Collina Property Owners Association, Inc. Taken by Unanimous Written Consent in Lieu of a Special Meeting,” on June 28, 2012 and contradicted the resolution illegally adopted the day before.
  5. Almost immediately, Luen Chan resigned, giving the following reason in an email message dated September 19, 2012: “…all POA decisions and actions have been made without my involvements (sic) or even knowledge. It is clear that my position in the developer-controlled POA board is in name only.”
  6. However, Simonson had already executed an “Action of Declarant of the Bella Collina Property Owners Association, Inc.” dated August 25, 2012, accepting Luen Chan’s resignation and resolving that Paul Lebreux would serve as director in his place.
  7. On September, 23, 2009, Burman and Aegis filed a false document with the Florida Division of Corporations, indicating that Aegis was the new registered agent of the POA and Aegis’ address was the new “principal address”.
  8. From 2012 to the present, the Conspirators filed false documents with the Florida Department of State Corporations Bureau, the Lake County Departments of Zoning and Code Enforcement, and the Lake County Clerk of Courts representing that they were the authorized representatives of the POA and that they were authorized by the POA and its members to file the said documents, all for the benefit of the Defendants and to the detriment of the POA and its members as hereinafter described.
  9. On August 20, 2012, Burman, filed a false record with the Florida Division of Corporations, indicating that he, Greene, and Luen Chan were the directors and officers of the corporation.
  10. Every year since 2012, Burman, acting as an agent and at the direction of the Conspirators, filed false records with the Florida Division of Corporations, indicating that unelected agents or employees of the Conspiracy were the directors and officers of the POA.
  11. Burman knew these filings were false and made the false representations in these filings so that the agents and officers of the Conspiracy appeared authorized to conduct the business of the POA, which false representations were essential to the success of the conspiracy.
  12. Without Burman’s false filings, the Conspirators could not have controlled the accounts or legal actions of the POA.
  13. On September 4, 2012, within three months of DCS’ acquisition of the assignment of developer’s rights, Simonson, as an agent of the conspirators, and with the intent to fulfill the Conspiracy, filed the ..Third Amendment to Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Bella Collina” (hereinafter the “Third Amended CC&Rs”) at Book Number 4208, Page 409 in the Public Records of Lake County, Florida.
  14. The Third Amended CC&Rs fraudulently asserted that, “pursuant to Article XII, Section 9(A) of the CC&Rs, Declarant may unilaterally amend the terms of the CC&Rs.”
  15. To the contrary, Article XII, Section 9 of the prior CC&Rs addresses ‘”Waiver of Subrogation” in an Article that exclusively deals with “Insurance and Condemnation.”
  16. Article XIII, Section 8 of the prior CC&Rs, which does address “Amendment and Modification,” requires that “After the Turnover Date, this Declaration may be amended by: (i) the consent of the Owners owning two-thirds (2/3) of all Lots; together with (ii) the approval or ratification of a majority of the Board.”
  17. Simonson falsely represented that this amendment was joined in by the POA.
  18. The fraudulent Third Amended CC&Rs illegally eliminated “asphalt bike paths, horsetrails,”…”Equestrian Property,” added seventy nine (79) lots, eliminated the prohibition of amendments effecting the equestrian property, required notification to the Club Property Owner of any proposed lot sale so that DCS could interfere with such sale or demand payment of the illegal special assessment for club dues, reduced the soon to expire build compulsion from twenty-four (24) to eighteen (18) months, increased the expiration of the declarant’s repurchase rights from ten (10) years to twenty (20) years, allowed construction and operation of a hotel and transferred the “Association’s rights to enforce the lien and foreclosure provisions of Article VI” to the Club Property Owner, all to fulfill the illegal conspiracy.
  19. Paul Simonson, acting on the instruction of the Conspirators, signed this amendment on August 28, 2012 as “manager” of DCS Capital Investments, LLC, DCS Investment Holdings, GP, LLC, The Golf Club and Bella Collina, LLC with the full knowledge that he lacked authority to file the third Amended CC&Rs illegal, and that they were in furtherance of the conspiracy.
  20. The Third Amended CC&Rs added illegal and unreasonable new language to Article l, Section 16 of the Second Amended Declarations providing that “[a]ny facilities may be added or removed from the Club Property from time to time in the sole discretion of the Club Property Owner.”
  21. The Third Amended CC&Rs added illegal and unreasonable new language to Article II, Section 3, Subsection D of the Second Amended Declarations providing that “the Association reserves the right to transfer the Association’s rights to enforce the lien and foreclosure provisions of Article VI to the Club Property Owner from time to time, in the Association’s sole discretion.”
  22. The Third Amended CC&Rs added illegal and unreasonable amendments at Article X, Section 19, Subsection D, Paragraph 5 providing that DCS’s repurchase rights are extended from I0 years to 20 years and added language to Article X, Section 21 which allows DCS to “”develop or create portions of the Committed Property as a hotel or resort.”
  23. The Ryans and the Ryan Law Firm, in furtherance of the Conspiracy, filed fraudulent lawsuits to selectively enforce the build compulsion contained in the Amended CC&Rs and the Second Amended CC&Rs, which had expired in 2014, but had been illegally extended for another ten (I 0) years in the fraudulent Third Amendment to Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Bella Collina at Article X, paragraph 23, subparagraph 5, which states that the repurchase right shall expire ‘”…teR (IQ) twenty (20) years after the date of these CC&Rs are recorded in the Public Records.
  24. The illegal enforcement of an expired build compulsion was a scheme that the Conspirators employed to selectively extort lots from Bella Collina lot owners.
  25. The Third Amended CC&Rs added illegal and unreasonable amendments at Article X, Section 21, which allows DCS to “develop or create portions of the Committed Property as a hotel or resort.”
  26. The Third Amended CC&Rs, and all CC&Rs and legal documents filed in the Public records, were a violation of §712.08, Florida Statutes, which prohibits the assertion of “false or fictitious claims to land.”
  27. On January 28, 2016, Burman filed a false document (assigned document number N03000011005 and CC3513563321) with the Florida Secretary of State, Department, which indicated that Joseph P. Cross (hereinafter ‘”Cross”), a lot owner at Bella Collina, was President of the POA, Clark was the Secretary, Lebreux was the Vice President, Burman was a Director and Aegis was the Registered Agent, which document bore the electronic signature of Cross.
  28. On information and belief, Burman, or one of the other Conspirators, forged Cross’ signature, and Cross never consented to be President of the POA.
  29. Also on January 28, 2016, the Ryans and The Ryan Law Group filed a false Document (InstrumentNumber2016009918)titled ..DECLARATION OF JOINDER AND RATIFICATION BY A SUPER MAJORITY OF THE BELLA COLLINA LOT OWNERS OF ALL PRIOR ACTS OF THE DECLARANT WITH REGARDS TO AMENDING OR SUPPLEMENTING THE COVENANTS, CONDITIONS AND RESTRICTIONS FOR BELLA COLLINA CC&RS” with the Lake County Clerk of the Circuit Court at Book 4734, Page 892, which was signed by Greene as President of the POA and Simonson as Manager of DCS and “on behalf of the Owners of the Lots Listed on Exhibit A.”
  30. The January 28, 2016 Declaration was a desperate act by the Conspirators in furtherance of the conspiracy objective of maintaining illegal control of the POA.
  31. The January 28, 2016 Declaration falsely ratified “all prior acts of the Declarant with regard to the amending or supplementing the CC&Rs for BELLA COLLINA,” including increasing the number of lots in the community to avoid the ninety percent (90%) turnover threshold, that the Declarant received the authority of 118 other Bella Collina lot owners and that “All acts done by DCS as Declarant are hereby ratified unanimously by the Board of the POA and by more than Two-Third (2/3) of the owners of lots in Bella Collina, including Declarant.”
  32. On April 6, 2016, Burman filed a false document (assigned document number N03000011005 and CCSO18089117) with the Florida Secretary of State, Department, which indicated that Dutch P. Holt (hereinafter ..Holt”), a lot owner at Bella Collina, Clark, and Lebreux were Directors of the POA, Greene was President of the POA, Burman was the Secretary, Burman was the Vice President, and Aegis was the Registered Agent, which document bore the electronic signature of Greene.
  33. On June 7, 2016, Burman filed a false document (assigned document number N03000011005 and CC5018089117) with the Florida Secretary of State, Department, which indicated that Dutch P. Holt (hereinafter “Holt”), a lot owner at Bella Collina, Clark, and Lebreux were Directors of the POA, Greene was President of the POA, Burman was the Secretary, Burman was the Vice President, and Aegis was the Registered Agent, which document bore the electronic signature of Greene.

Prepared by: Don Juravin Education

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