The Truth About Riverwalk and the Misleading Statements by Mr. Lamar (Jay) and Mr. Jakab (Tim)
1. Misleading Statement- the entire reserve has been depleted without the consent of the membership.
Truth- The only money from statutory reserve that has been spent has been used for reserve funded projects. (i.e. street paving, roofing, painting.) The true records of this are available to inspection.
2. Misleading Statement- all budgeted reserves are statutorily protected.
Truth- Only reserves created by the developer or voted on specifically by the membership are statutory. The only Statutory reserves are Roofing, and Painting.
3. Misleading Statement - $518,000 was collected and is missing and the accountant admitted this.
Truth - we have consistently had approximately 40 or more delinquent units. This money was never collected and could not be deposited into reserve. This accounts for the lion's share of the reserve deficit. The remainder of the deficit is due to unexpected costs in the last three years such as resurfacing two pools, major irrigation repairs, repair of the retention pond, insurance increases (from slip and fall law suits), and increases in legal fees largely due to collections and frivolous complaints made by Mr. Justo (Jay) Lucas Lamar and Timothy (Tim) Jakab to the DBPR and Jupiter Police Dept. Jakab and Lamar have made false reports against the manager to the IRS, Governor's office, and the Office of General Counsel (State Attorney).
4. Misleading Statement- The CPA signed a flawed audit and is under investigation by the State and JPD.
Truth- the only complaint against the CPA was created by Mr. Lamar. Mr. Lamar is not a CPA and is not qualified to rebut the true audit.
5. Misleading Statement - our current management intends to triple the legal fees with no intentions of changing course.
Truth- legal fees were budgeted based on the actual 2011 expenses. Legal fees in 2011 went over budget. This was due to the harassment of the office perpetrated by Mr. Lamar and his accomplice Mr. Jakab. Mr. Lamar has sent the office over 400 multiple page e-mails in the last year which make criminal allegations against the board and management, demand large amount of documents to be inspected or copied at the cost of the association, ask legal questions , and make inflammatory remarks. Mr. Lamar CC'd the Attorney on all of these e-mails, which inflated our legal fees by thousands of dollars. In addition, as of this date, the police complaint alone has cost the Association close to $10,000.00 of your dues!
6. Misleading Statement- the yearly Budget is indefensible.
Truth- the budget was approved by the Board.
7. Misleading Statement- Our current manager is facing multiple charges with the State of Florida Department of Professional Regulation and Jupiter PD.
Truth- Absolutely no charges have been filed against the property manager. The Jupiter Police have concluded their investigation and found no criminal activity. The only complaint to the DBPR against the manager originated from Mr. Lamar and is riddled with misleading information.
8. Misleading Statement- The charges against our property manager have been forwarded to the office of general counsel for determination of sanctions.
Truth- All complaints against licensed individuals are forward to the office of general counsel for review. This in no way implies that the manager is guilty of anything or will be charged with anything. The complaint filed by Mr. Lamar is without Merit and to this date no charges have been filed and no negative action has been taken by the DBPR.
9. Misleading Statement- Suing the Board D&O and E&O policy will not cost the membership any money.
Truth- Mr. Lamar and his following intend to file suit regardless of the outcome of the coming election. They have already requested the insurance documents and coverage limits from the office. Suing the D&O or E&O policy will likely cause the insurance to be cancelled, increase the risk assessment, increase the cost of a new policy, and damage the property value. This will cause the dues to be increased. Anyone who cares about the association would not take this course of action.
10. Misleading Statement- The third page sent by Mr. Lamar titled "Riverwalk HOA, INC. REPORT OF UNAUTHORIZED TRNSFERS FROM SAVINGS/REPLACEMENT FUND TO REGULAR OPERATING ACCOUNT. DETECTIVE BRENT HOOSAC, JUPITER POLICE Friday February 10, 2012"
Truth- Firstly, though it appears that this document was generated by the police it was not. The police have been notified of this misleading document. Secondly, all of the transfers listed were authorized by the board. These transfers are not illegal as suggested. Third, all of the calculations contained on this document are the product of Mr. Lamar and cannot be relied upon for their validity.
7/1/2007 - Cable equipment was purchased using funds from NON- Statutory reserves which can be used at the Boards discretion. 3/5th of the current Board were not board members at the time this was done and the current Property Manager did not hold the position of manager at that time.
6/27/2008 - $170,314.50 transfer from National City to Anchor Bank. The Association changed banks to obtain a higher interest rate and provide lock-box service to the community.
Transfers of 1/2/2009 $173,235.57, 1/29/09 $30,519.04, 02/12/09 $38,768.53, these funds were transferred to cover the cost of the roof replacement on 6288 and 6150 and also to resurface the main road. This is in no way improper or illegal.
Reserves- we currently have more than $75,000.00 in reserve . this was put into reserve last year. It is no secret that the reserves have suffered from delinquency and unexpected repairs in an aging community. This community was hit hard by the economic downturn as were many other associations. The current board and property manager have always acted in good faith with respect to the finances.
Check to Investigate 2/3/2009- $75,000.00 this is a simple transfer of funds from one account to another. This is another attempt to allege wrongdoing where none exists.
The simple truth of the matter is that Mr. Lamar and his following will use any tactic they can to seize control of the Association. Mr. Lamar has slandered, defamed, and written libelous remarks about the property manager and Board.
