REPRESENT ACTIVE CONSPIRACY ACTIONS
JAMES L. SHELTON AND VIRGINIA L. SHELTON
- On April 22, 2004, the Sheltons, in reliance on the original CC&Rs, entered into a Lot Purchase Agreement with Ginn-LA for lot number 253 for $299,000, but an early purchase discount of $20,000, decreased the final cost to $279,000.
- On June 7, 2004, the Sheltons closed on the said purchase and acquired title to their Bella Collina Lot. All lots are worth a fraction o f their original cost or are unmarketable.
- The Sheltons’ property is currently assessed at about $30,000 by the Lake County tax assessor, a loss of about 90%, which loss is caused by the conduct of the Conspirators.
- Each month the Sheltons receive an invoice for club dues with a false amount owing.
- The Conspirators damaged the Sheltons as set forth on Schedule B, attached hereto and incorporated herein by reference.
- The Sheltons have paid quarterly POA fees of between $695 and $789 and pay a CDD fee of $2319, and so have paid approximately $60,000 in just these fees during the last 12 years for an undeveloped lot, surrounded by other undeveloped or abandoned lots.
- Since 2012, the Sheltons received monthly false statements from the Conspirator controlled POA demanding payment of the illegal special assessment for the payment of allegedly delinquent club dues.
- On July 2, 2013, the Conspirator controlled POA, without authorization, filed suit in Circuit Court in and for Lake County at Case Number 2013-CA-002108 to collect $37,952.39 in allegedly delinquent fees and dues ($20,312.42 for monthly dues, $1,5558.21 for “incidentals,” $25,000 for a golf deposit, $17,539.97 for interest and late fees decreased by $26,458.23 in payment credits) owed to a private country club by illegally deeming them to be “special assessments.”
- The Conspirators used the legal proceedings to repetitively harass and intimidate the Sheltons, subjecting them to the payment of significant legal costs.
- The Conspirators instructed the guard gate to deny the Sheltons access to the community to which lot owners were entitled in violation of Florida Homeowners Association Act.
- The Conspirators malicious illegal conduct as detailed herein destroyed the value of Sheltons lot, making it virtually unmarketable.
- Ryan, as agent for the Conspirators, directly threatened the Sheltons with financial ruin from continued litigation and judgments related to the special assessment for dues related to the club mandate.
- Greene, as agent for the Conspirators, by notice to all lot owners in his status as President of the POA, threatened the Sheltons with the expired build compulsion.
- The Conspirators maliciously deprived the Sheltons of the right to vote for POA board members or to become a candidate for the POA board, depriving the Sheltons in their lawful participation in the governance of their community.
- Shelton, Choo, and Heckenberg obtained an emergency court order to view records that the POA was legally obligated to have available for inspection at all times under the Florida Homeowner’s Act.
- On April 1, 2016 at around 9:00 AM in Aegis’ Office at Champions Gate, which the POA declares as its principal business location and stores its documents, Shelton began a day long court ordered review of POA records in the presence of Greene and Ryan who sat across the table only 4 feet away.
- During the review, Greene and Ryan continued to make references concerning a pending case, arrogantly asserting that the Sheltons, Choos, and Heckenbergs did not have a chance to obtain a turnover of the community.
- Ryan began viewing several documents that related to the lawsuit, but not to the specific POA documents under review to intimidate Shelton.
- Ryan would pull out documents to show to Greene saying ‘”this is the signature of James Shelton. It looks like the same signature that is on his driver’s license.”
- Ryan turned to Greene saying, ‘”Do you agree that both signatures are the same. We really have him now; what do they think they are doing”.
- Ryan intended to intimidate and distract Shelton during efforts to examine the many boxes of POA documents.
- Later, in an orchestrated effort to subject Shelton to coercion by Green, Ryan exited the room, whereupon Greene immediately leaned across the table, and in a very loud, demanding voice, said,”I have a lot more things I should be doing than sitting in this meeting”. “Whatthe____ (expletive deleted) do you guys think you will accomplish by reviewing these records, “and suggested Shelton was wasting his time.
- Greene followed with “Your attorney doesn’t know what he is doing; he is just throwing _ _ _ _ (expletive deleted) up against the wall to see what might stick.”
- Greene then asserted that he had “won every single case and will win the case against the Sheltons,” that DCS would get their lots and will get attorney fees, which are mounting up every day; he continued with “I advise you to get out now to minimize your expenses, Your lawyer never won a case and is worse than the other lawyers we have faced,” repeating “You are going to lose.”
- Later in the afternoon, Greene left the conference room and Burman entered the room.
- With Burman and Ryan present, Shelton inquired about the letter and the detailed investigative report that Luen Chan and Ken Lam, lot owners discussed more fully above, served on the POA, which disclosed widespread financial abuse by DCS, accusing it of defrauding the POA out of millions of dollars.
- Burman, sitting near the head of the conference table replied: “I am sitting in the same chair and same position at the table that Ken Lam was sitting just before he stood up to get some water, and had the heart attack and died.”
- Ryan asserted that the letter and report from Chan was slanderous to the people on the POA Board, specifically to Mr. Burman, continuing that the letter was so bad that “it rose to the level of Moral Turpitude.”
- When Shelton asked for a copy of the letter, Ryan said that letter “will never be made public, and that Luen Chan had better not ever allow the letter to become public either.”
- Ryan concluded that the POA Board would sue Chan if he ever allowed the report to become public.
CS BUSINESS SYSTEMS
- CSBS closed on lot 186 on June 7, 2004, lot 377 on January 12, 2004, lots 132 and 133 on March 11, 2005, and lot 128 on October 13, 2009.
- The lot purchase agreement was negotiated before the conveyance of each lot.
- CSBS received a HUD registered report dated April 2, 2004, which indicated on page 13 that construction o f the country club, and other amenities, was optional at the discretion o f the developer and membership was not mandatory.
- CSBS purchased lots 186, 132 and 133 directly from the developer during one of two launches, both of which occurred before the filing date of the Second Amended CC&Rs.
- CSBS purchased lots 377 and 128 from private owners who received title directly from the developer on June 7, 2004 for lot 377 and March 7, 2005 Lot 128.
- CSBS purchased lot 133 for $1,350,000, lot 186 for $394,900, lot 132 for $1,350,000, lot377 for $604,900 and lot 128 for $40,000, for a total of $3,739,800.
- These lots are now assessed by the Lake County Property Appraiser at $115,000, 50,000, $115,000, $115,000 and $82,500, respectively, for a total of $477,500, a loss of $3,262,300 or over 87.23%.
- Each month CSBS receives 5 invoices for club dues with a false amounts owing.
- The Conspirators damaged CSBS as set forth on Schedule B, attached hereto and incorporated herein by reference.
- The intentional and illegal acts of the Conspiracy are the direct and proximate cause of CSBS’ losses.
- CSBS paid quarterly POA fees of between $695 and $789 and paid a COD fee of $2319, so have paid approximately $225,000 in just these fees during the last 10 years and approximately another $100,000 in taxes, all for vacant lots surrounded by other undeveloped or abandoned lots.
- On December 6, 2012, less than six months after the developer assignment, Ryan, on behalf o f the POA, the Conspirators’ alter ego, filed a complaint against CSBS for $246,913.79, without lot owner approval as required by law, for allegedly delinquent club dues, late fees, 18% statutory interest and attorney fees as o f August 31, 2015.
- The alleged damages for CSBS’ special assessment increase at least $113.22 each day.
- The Conspirators mail five false invoices for club dues each month.
- The Conspirators used the legal proceedings to repetitively harass and intimidate the Sheltons, subjecting them to the payment of significant legal costs.
- The Conspirators instructed the guard gate to deny the Sheltons access to the community to which lot owners were entitled in violation of Florida Homeowners Association Act.
- The Conspirators malicious illegal conduct as detailed herein destroyed the value of Sheltons’ lot, making it virtually unmarketable.
- Ryan, as agent for the Conspirators, directly threatened CSBS with financial ruin from continued litigation and judgments related to the special assessment for dues related to the club mandate.
- 260. Greene, as agent for the Conspirators, by notice to all lot owners in his status as President of the POA, threatened the Sheltons with the expired build compulsion.
- The Conspirators maliciously deprived the Sheltons of the right to vote for POA board members or to become a candidate for the POA board, depriving the Sheltons in their lawful participation in the governance of their community.
- The Conspirators offered to end the harassment represented by the lawsuit if CSBS would surrender its choice lots to DCS.
- The Conspirators fraudulently asserted that CSBS must sell a choice lot pursuant to a build compulsion covenant in favor of the Declarant that expired in 2014, but that the Conspirators attempted to resurrect by recording a fraudulent amendment to the CC&Rs.