Condo Residents Claim Board Members Took Advantage of Positions
Graveyard for Cars and Trash in Public Spaces
A group of neighbors at Buckley Towers condominiums in northeast Miami-Dade claimed in court that some members of their association’s board of directors took advantage of their position to profit off the community. Among the complaints: uncollected trash piling up in bins and inside the building’s trash chutes.
"If you went to throw out your trash on the ninth floor, you would open the box and bags of garbage would come out," said owner Frankie Trullenque.
Board Members’ Conduct
He and other residents filed a lawsuit in November, claiming the association’s board of directors took their assigned parking spots and tried to charge people for access to convenient spaces. "One day somebody calls me from downstairs telling me that my car is being towed," said resident Aleksej Nikitins.
"They towed 20 cars in one day," said Moredechai Zarger, who owns six units at the building. "They wanted to reassign the parking, but not only reassign the parking, but also charge for that parking," Trullenque explained.
Parking Fiasco
In their complaint, the owners claimed the association "contrived a plan to sell or lease spaces… Offering spaces at a premium price based on location and leasing spaces close to entrances or exits to the highest bidder." It’s something those owners say violated the association’s bylaws. Fliers posted around the property advertised different payment plans to bid on parking spaces or pay a specific monthly fee for a space close to the building’s entrance. Records provided to NBC6 show several residents paid hundreds of dollars to the association in an effort to secure a space.
Owner’s Struggle
The residents reached out to NBC6 after filing the lawsuit and several complaints with Florida’s Department of Business and Professional, or DBPR, the state agency that oversees condo communities. "We have been pretty much battling for over seven, eight months," Trullenque said. Owners pointed out where the numbers on assigned parking spots had even been painted over when NBC6 visited the condominium.
Judge’s Intervention
That was until an order from a Miami-Dade judge required the association to return spots to previous owners and stop towing on the property. "The Defendant is hereby ordered to take any and all necessary actions to revert the parking lot to the way it appeared when parking spots were last assigned," adding, "There shall be no towing permitted on Defendant’s property, for any reason…".
New Board Election
The conflict between some of the board members and owners was on display when NBC6 Investigators visited the property seeking answers in late April. The board secretary at the time, Janvier Villars, spoke with NBC6 about the parking dispute. "The assigned space is not theirs," he said. "That means if the association needs more funds, the association has the right to collect." According to Villars, they did collect thousands in just over a week. "About $28,000 was brought in over eleven days from the paid parking revenue."
Accusations
A QR code on the form leads to a website for something called "POWER", which stands for Property Owners Wanting Equal Rights. It’s a for-profit entity created by Villars to monetize condo resources. But in one motion, some owners claimed Villars created POWER to funnel money from the parking payments to himself. Villars told NBC6 Power’s profits would go toward administrative and legal costs to fight corruption.
Conclusion
The case highlights the need for better oversight and protection for homeowners. "There seems to be a disconnect between the laws that we’ve created and the actual application of those laws. And the enforcement of those laws," Trullenque explained.
Frequently Asked Questions
Q: What is the purpose of the POWER entity created by the board secretary?
A: The purpose of the POWER entity is to monetize condo resources.
Q: Is it legal for board members to create a separate company getting money from the association’s funds?
A: According to Florida law, board members should serve without compensation, unless the association’s bylaws say otherwise. The DBPR has not yet responded to NBC6’s inquiry.
Q: What is the current state of the parking dispute?
A: The new board has ordered the association to return spots to previous owners and stop towing on the property.
Q: What is next for the residents?
A: The new board is trying to determine where the money is and how it has been spent. They are also working to resolve the trash problems and restore order to the community.
