FOUR WINDS BEACH RESORT CONDOMINIUM ASSOCIATION, INC.

BOARD OF DIRECTOR’S MEETING/TELECONFERENCE

JANUARY 12, 2007

 

 

 

A meeting of the Board of Directors of the Four Winds Beach Resort Condominium Association, Inc. was held at 2:00 PM, on January 12, 2007 at the resort.  Present were Director Bill Cunningham, General Manager Nancy Yoder, Assistant Manager Larry Claypool, and Four Winds Owners Jim Bline, Sara Ruda, Kathleen Rhodes, Bill and Maria Brown, John Mulkern, Feliks Dawidowicz and Garry Smith.  Attending by phone were President Joe Walsh, Vice President Pat Webb, Treasurer John Tanner, Secretary Paul Erickson, Directors Shirley Schilla and Jay Walters, Four Winds Attorney Dan Lobeck, and Four Winds Owners Bob and Carol Knapp.

 

LETTER TO KATHLEEN RHODES FROM DANIEL E. SCOTT, ATTORNEY, IN REGARD TO FOUR WINDS ELECTION PROCEDURES:

President Walsh called the meeting to order and Mr. Claypool called the roll of the Board Members.  Mr. Claypool notified the phone participants that if they did not identify themselves they would not be recognized for purposes of discussion.  The declared attendees of the meeting are listed above.  Mr. Claypool went on to remind everyone that the meeting was being recorded at the resort, and that it was not permissible for anyone to record the meeting without telling all the participants that such a recording was being made.  Mr. Lobeck added that to make such an unannounced recording was in fact a felony under Florida law.

 

President Walsh explained that this meeting was called to decide what, if any, Board action was to be taken in regard to the letter from Daniel E. Scott in regard to Four Winds Election Procedures and Kathleen Rhodes (see Attachment A).  Specifically, the question was whether the Board should ask Mr. Lobeck to write a letter in response, on behalf of the Association and the Association’s Realtor, Ms. Rhodes.  When Director Schilla said that it was her understanding that the letter was only addressed to Ms. Rhodes and did not involve the Resort, and asked why any Board action was being considered at all, President Walsh asked Mr. Lobeck to explain the substance of Mr. Scott’s letter and why Mr. Lobeck thought the Association should respond.

 

Mr. Lobeck synopsized the letter, and explained the major problems he had with it.  He pointed out that Mr. Scott says the Association is acting illegally or improperly.  However Mr. Scott does not justify this allegation, which is not something he should be allowed to get away with without answer from the Association.  Secondly, he reminded the Board that Kathleen Rhodes is the real estate broker by contract of the Association, and Mr. Scott is demanding that she resign, which obviously affects the Association.  To the extent that the Board wants to maintain that relationship with Ms. Rhodes, the Board has an interest in responding to Mr. Scott’s threat against her.  He pointed out that “to threaten somebody with seeking revocation of a professional license to obtain a civil result is extortion by definition under the Florida statutes.”  He explained that the sweeping, generalized allegations of wrong doing on the part of Ms. Rhodes were also unfounded and unexplained, and that it would be appropriate for the Board to point that out to Mr. Scott.  He also thought it would be worthwhile to remind Mr. Scott, and, by extension, his clients, that making these kinds of unsubstantiated statements might constitute defamation.  Finally, he thought that Mr. Scott and his clients should be warned against pursuing any frivolous legal action, which could result in them paying legal fees and damages.  Mr. Lobeck said the letter was strong in tone, but weak in content, and deserved an appropriate, professional response. 

 

President Walsh asked if any of the Board Members had any questions for Mr. Lobeck.  When there were no questions from the Board, Treasurer Tanner moved that Mr. Lobeck act on the part of the Board to draft and send a letter in response to Mr. Scott’s letter to Kathleen Rhodes.  Director Cunningham seconded the motion.  Director Schilla asked what the letter would in fact say, and if Mr. Scott’s letter was putting any kind of claim against the Association.  Mr. Lobeck admitted that Mr. Scott’s letter did not come right out and say much of anything specific, it did accuse the Association of improper voting procedures. 

 

After Ms. Knapp’s question as to whether the letter from Mr. Scott directly mentioned the Association or just Kathleen Rhodes, Mr. Lobeck read the text of the letter (Attachment A).  He then read the text of his draft letter (see Attachment B). 

 

President Walsh called for a vote on the motion, which passed, with only Directors Schilla and Walters voting against it.  President Walsh directed Mr. Lobeck to get the letter to Mr. Scott right away.

 

ADJOURNMENT:

President Walsh asked for a motion to adjourn.  The motion to adjourn was made by Director Cunningham and seconded by Director Walters.  The motion then carried with at least President Walsh, Treasurer Tanner, Secretary Erickson and Director Cunningham voting aye.  The next meeting of the Four Winds Condominium Association Board of Directors is on February 6 & 7, 2007.

 

Respectfully submitted,

Larry Claypool

For Paul Erickson

1/16/07