Verbally insulted and physically assaulted? Is this justified?
Note from the aquariusuno.com blog:
Not long ago the Aquarius previous 2014 Board of Directors decided engage STAR Contracting – the contractor before CSI – to do the concrete restoration on the West Pool Deck in a litigation. STAR sued us for some $76,000 and filed a construction lien.
The 2014 BOD hired a unit owner lawyer to represent the Condo. His fee was some $28,000. The Condo had to post a $110,000 cash deposit to clear the lien. The first 2015 BOD of John Y and Joel C. had the Assad law firm take over the case and it was settled for $28,000 at a minimal attorney fee. STARS got its money. Aquarius paid for both: part of STARS invoice and Legal Counsel expenses.
Now the situation seems to be worse. In addition to our inability to treat the people that work with and for us in a professional manner, we now have an allegation of criminal acts such as assault and battery against the current President of the Board of Directors. There are at least four witnesses to this very unnecessary and ridiculous behavior. Are we ready to relive the STARS nightmare not only with civil litigation but with a criminal prosecution on top of that? Can you imagine the damage that this has done to our reputation as a community in Aquarius within the community of Hollywood?
Please read both email messages bellow and try to understand the imbroglio some members of our BOD seem to bring to us.
From: Wally Frigon
Sent: Friday, January 08, 2016 2:22 PM
To: ‘David Slavin’; ANDY CAICEDO; Javier Hermoza
Cc: William Coleman; Boris Eydelnant; Eugenia Volcheck; Ilya Gonorovsky; Linda Satz; Sofia Feremburg; John Brown; Josh Slater (JSlater@contractingspecialists.com)
Subject: RE: Attached Bumper ‘Solution’
David / BOD,
Please be advised that CSI SE had submitted the bumpers and the attachment prior to execution and they were accepted. As an attempt to resolve the staining the EOR recommended the attached and CSI SE is executing this repair.
Now as of today CSI SE Staff has been verbally insulted and physically assaulted by a member of the Association BOD. We have also been told that we will not receive our outstanding December Payment or any more money from Aquarius Condominiums which is a breach of contract.
I would like to make the following recommendations. Let CSI SE finish our contracted work today, then we can meet on this coming Monday Morning like professionals to discuss the issue of the fastening of the parking bumpers. However, CSI SE will require the release of our outstanding Approved and Certified December Payment prior to any further repairs! If we can perform a reasonable inspection and develop a complete punch list this Monday CSI SE will get this work completed quickly so as not to delay the opening of your new valet entrance.
We have also been unjustifiably threatened that LDs Liquidated Damages will be applied. It is important that everyone involved understand that the original completion date given by CSI SE was January 4th 2016, however, when you add both the bad weather days and the added work days submitted and agreed to on each signed change order the contracted completion date is much later in the year. Despite the added days given by the Association BOD CSI SE was still able to complete all work except for Punch List Work by the original date of January 4th. Therefore, there are no applicable LDs in this situation.
CSI SE is only interested in completing this successful project for our client and leave with them happy and satisfied. So please let me know if this coming Monday Morning January 11th will work for a meeting.
Wallace L. Frigon Sr.
T/ 508.222.2377 • C/ 617.590.6893 • F/ 508.222.2580
453 South Main Street / Attleboro, MA 02703
CONTRACTING SPECIALISTS INCORPORATED
BOSTON • FORT LAUDERDALE • PORTLAND • WASHINGTON, DC
“The bitterness of poor quality remains long after the sweetness of price has faded.”
From: David Slavin [mailto:email@example.com]
Sent: Friday, January 08, 2016 1:53 PM
To: ANDY CAICEDO; Wally Frigon; Javier Hermoza
Cc: William Coleman; Boris Eydelnant; Eugenia Volcheck; Ilya Gonorovsky; Linda Satz; Sofia Feremburg
Subject: Attached Bumper ‘Solution’
Dear Andres & Wally,
The Board wants to inform you that ACG’s attached solution to the rusting pins or Bolts affixing the parking bumpers is completely unacceptable. The president had ordered that the bumpers be ripped out and replaced with new bumpers that will be affixed correctly. We want no rust on our new bumpers.
David Slavin, LCAM
Property Manager, Aquarius Condominium Association, Inc.
2751 South Ocean Drive
Hollywood, FL 33019
Office: 954-921-7924 Mobile: 561.414.7343
Totally unacceptable conduct. I am told the physical assault is now being denied by our President Ilya in spite of numerous eye witnesses. Hopefully, it did not happen. However, if it did, in light of his denial our Association must protect the unit owners and make sure the perpetrator knows that he is personally liable to defend and indemnify us in the event of further suit or repercussions.