The Conspirators have contractual duties and duties related to covenants contained in the governing documents and the covenant of good faith and fair dealing implicit in every contractual relationship to lot owners and POA members as manifested in Florida Statutes, 720.303(1 ), which duties include the obligation to act in the lot owners’ and members’ best interest, to tell them the truth about all material matters, to disclose any material fact, and to obey all lawful obligations.
The POA and its officers and directors have a fiduciary duty to lot owners and POA members as set forth in Florida Statutes, 720.303( I), which duty includes the obligation to act in the lot owners’ and members’ best interest, to tell them the truth about all material matters, to disclose any material fact, and to obey all lawful obligations.
Defendants constitute an associated-in-fact Enterprise, through which they illegally controlled the POA, knowing that the POA should have been turned over to the non-developer lot owners 90 days after August 29, 2005.
With less than two months left for the election, the Plaintiffs discovered that the conspirators, in a desperate attempt to maintain a strangle hold on the POA
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
The Court has subject matter jurisdiction over the federal claims alleged herein pursuant to 28 U.S.C. §1331, because those claims arise under the laws of the United States (18 U.S.C. §1961, et seq.).