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Condo Commandos

Downtown Dadeland

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Profile Of An Aspiring
Condo Leader

 

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•••••

Condominium — joint dominion; esp: joint sovereignty by two or more nations; a government operating under joint rule; a politically dependent territory under condominium; individual ownership of a unit in a multiunit structure (as an apartment building); also a unit so owned; a building containing condominiums.
Pande
monium — the capital of Hell in Milton's Paradise Lost; the infernal regions: HELL; a wild uproar: TUMULT.

•••••

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Last Update
05 January 2009

 

 The condo commando audacity has reached the stage
 of a counter lawsuit

CLICK HERE for the latest update of this incredible condo*monium saga

The proceedings documented here are as of December 17, 2008

í Also Read CONDO COMMANDO — The FREE eBook on the Left

What is a condo commando?

Here are three definitions gleaned from the Internet:

  • The condo commando is an egocentric person on a condominium's board of directors who rules by intimidation, putting his/her interests ahead of others, abusive to the property manager and any board member who gets in the way. Dominates meetings, won't let others speak. Can be prone to angry outbursts.

  • The condo commando is (a) a condominium resident who diligently watches for and reports violations of building rules and regulations; (b) a politically active person who campaigns within or lobbies for the condominium in which they live.

  • Condo commandos are little old ladies (on occasion, little old men), who devote their entire life to paying attention to, complaining about, and ordering everyone around who lives in, visits, serves on the boards of, manages, and/or works for the condo where they live. They have no other life, as their children can't stand them either. Frequently of a specific ethnic extraction or belonging to a group with a common interest (playing golf, bridge or pinochle), and found living in South Florida.

How Condo Commandos Serve the Community

Here are the facts that build the foundation for the message every unit owner and prospective unit owner of the Downtown Dadeland Condominium needs to review on the eve of the first significant step taken by the unit owners — electing the team of your neighbors who volunteer to lead your condominium associations and shape the destiny of your home.

Please visit the blog, www.Condomonium.blogspot.com to post your comment.

I also urge you to contemplate the message published at www.GrandLifestyle.com/biglie.htm.

My editorial thoughts are forthcoming soon.

Downtown Dadeland Condominium experiences are not yet widely documented because the condo sprung into life much less than a handful of years ago and is still managed by the successor developer. However, don't be lulled into believing this condo newcomer has few stories to tell. The goings-on and those that don't will assuredly fill tomes.

Soon, the unit owners will face the challenges of self-administration and must hand over authority and responsibility to volunteer leaders — the elected members of the board of directors and the officers appointed by the board of directors.

Here's the developing sequel of one condo*monium experience. Here you will find the facts. Additional facts and supporting commentary will follow. Keep in mind, the truth is based on facts. This is must reading for Downtown Dadeland Condominium unit owners, tenants, prospective owners, and prospective tenants. A click of the headings below will reveal the exchanges in chronological order.

Click to enlarge 09-25-08 The Seven Day Notice

Out of the blue sky comes the threatening ultimatum.

10-02-08 The condo resident responds

A response setting the record straight with the truth is the obligatory action.

10-07-08 The lawyer makes an offer

Here comes a reasonable, but so very one-sided offer.

10-13-08 The condo resident responds to the lawyer's offer and makes the requested phone call

The condo resident placed a telephone call to the lawyer at 305-442-7000 prior to the close of business on October 13, 2008 at 4:22 pm.
He was directed to the lawyer's voicemail by the receptionist: “This is Harold Turk. I will be out of the office until the afternoon of Tuesday, October 14. Please leave me a message and I will return your call as soon as possible. I do check my messages on a regular basis. Thank you.”
Message left: “Good afternoon, Mr. Turk. This is Heinz Dinter. I just wanted to let you know that I will be vacating Allen Donelan’s apartment on or before October 31. I will send you a letter to go into the details and to confirm my message this afternoon at 4:22 pm. Take care and give me a call if you wish at 305-600-4655. Thank you. Bye. Bye.”

10-13-08 The condo resident follows up with a letter

The nonfeasance, misfeasance, and malfeasance of the landlord, his agents, and others must not be shoved under the rug — they, too, must be addressed.

What is next?

There has been not even a peep from the lawyer in response to the October 13 letter. Does the lawyer's refusal to respond to the tenant's Columbus Day letter constitute professional misconduct? Come to think of it, there is no irrefutable evidence he has read the letter. Hopefully, Mr. Turk, you will read the October 13 two-page letter, as well as the 5-page October 2 letter, prompted by the blog posting and extend commonly expected professional courtesy to the letter's author with a response.

Is it prudent to assume the landlord is so busy planning his leadership role in the management of the Downtown Dadeland Condominium Association to make it impossible to find time for consulting with his lawyer?

10-20-08 The Eviction Lawsuit

What's next? An ugly thought is beginning to take hold. Are the U.S. Postal Service executive and aspiring Downtown Dadeland Condominium leader in conspiracy with the officer of the court snubbing the law in pursuit of punishing the condo resident and aiming for enrichment with the security deposit that must be returned as the law dictates and, let us not forget, was promised by the attorney on behalf of his clients. Let us monitor the coming actions and await the decision of judge and jury inasmuch as this roller coaster adventure is heading for a court of law and justice,

10-21-08 Surprise! Surprise!

The lawyer's October 7 offer on behalf of his clients was tossed asunder and honor-based professionalism was set adrift.

However, lo and behold, the process server's action resulted in bad service. You see that process server (his identity is not ascertainable from that officer of the court's scribbling on the summons) took a short cut to save time (or something unimaginable by reasonable and prudent man) — he simply taped the summons and complaint to the front door without abiding by the law, the Florida Statutes. To wit (emphasis added):

The Florida Statutes
Title VI, Civil Practice and Procedure, Chapter 48
48.183  Service of process in action for possession of premises.
--

(1)  In an action for possession of any residential premises, including those under chapters 83, 723, and 513, or nonresidential premises, if the tenant cannot be found in the county or there is no person 15 years of age or older residing at the tenant's usual place of abode in the county after at least two attempts to obtain service as provided above in this subsection, summons may be served by attaching a copy to a conspicuous place on the property described in the complaint or summons. The minimum time delay between the two attempts to obtain service shall be 6 hours. Nothing herein shall be construed as prohibiting service of process on a tenant as is otherwise provided on defendants in civil cases.

(2)  If a landlord causes or anticipates causing a defendant to be served with a summons and complaint solely by attaching them to some conspicuous place on the property described in the complaint or summons, the landlord shall provide the clerk of the court with an additional copy of the complaint and a prestamped envelope addressed to the defendant at the premises involved in the proceeding. The clerk of the court shall immediately mail the copy of the summons and complaint by first-class mail, note the fact of mailing in the docket, and file a certificate in the court file of the fact and date of mailing. Service shall be effective on the date of posting or mailing, whichever occurs later, and at least 5 days must elapse from the date of service before a judgment for final removal of the defendant may be entered.

 

10-28-08 The condo resident files his answer to the complaint and files his counterclaim

I should have known better. Allen Donelan, aka Allen P. Donelan, aka Cornelius Allen Donelan, aka Cornelius A. Donelan, aka Cornelius A. Donelan Jr., as he is known as the U.S. Postal Service executive (his email addresses are ADonelan@usps.gov and cornelius.a.donelan.jr@usps.gov), must have figured I don't answer the door bell when the process server comes calling. Therefore, Mr. Donelan's attorney leaned on Subsection (2) of Section 48.183. Gee whiz, they could have saved the postage. All the process server needed to do is let me know he or she is coming and I would gladly have waited for the service at the front door. I have this invitation for every process server, especially the ones who deliver lawsuits accusing me of libel intent of silencing my publishing efforts: Let me know you are coming and I will meet you at my front door or the location of your choice.

This condo commando saga is about to mushroom into a fascinating documentation of what "bullyism" can do and cause great grief to fellowman — it will undoubtedly fill tomes.

10-31-08 The condo resident vacates the apartment

The move-out was completed at approximately 2:00 pm and a professional cleaning company cleaned the apartment. Though I had in previous written communication requested that a representative of the landlord schedule an inspection in my company, this request was ignored.

Careful inspection of the apartment did not reveal any damage caused by any pet and neither was any damage revealed caused by the willful or negligent conduct of the condo resident.

On this day, a letter from the new property manager was posted on the doors of all units (please click on the right).

On Monday morning at 8:53 am, November 3, 2008, I telephoned the Donelans' attorney, Harold Turk, and left a voicemail message, "This is Heinz Dinter. Please advise when and where I can return the keys of the Donelans' apartment to you. Thank you."

Mr. Turk returned my call at 3:28 pm that afternoon and we agreed I would deliver the Donelans’ property to Mr. Turk at his Avatar Real Estate office at 10:00 am on November 6, 2008. I confirmed our agreement with an email to Mr. Turk at 1:37 am on November 5:
Good morning, Mr. Turk.
Thank you for returning my call yesterday afternoon.
I am hereby confirming my visit to your office at 201 Alhambra Circle, 12th Floor in Coral Gables at 10:00 am on Thursday, November 6 for the return of the keys for the Donelans’ apartment.
I trust you will understand my reluctance to meet with Mr. Donelan alone at his apartment. As previously reported, twice before, Mr. Donelan waved his gun (government-issued by the US Postal Service) in my face. As a safeguard, I prefer not to let the baseball strike-out rule take effect and possibly cause harm.

Mr. Turk replied at 9:47 am:
I understand, Dr. Dinter. Please also bring the 2 electronic card garage door openersm the 2 acees devices for the elevators and front door , 2POB keys to B703 and the Blue Box containing oappliance instructions, and Condo regulations, etc. 
thanking you in advance for your cooperation

11-06-08 The return of the keys tells a foreboding message

My meeting with the Donelan attorney in the lobby of Avatar Real Estate raised a very serious flag. Attorney Turk was very nervous and did not want to engage in conversation. He scribbled a receipt that's barely readable and when I attempted to commence conversation he turned his back [tail between his legs] and ran off. What does that tell you? Guilty conscience? Worse? Was he advised by Mr. Donelan or conspired with Mr. Donelan what the landlord intends to do as a conclusion of his despicable, unethical and unprofessional trick offering an olive branch and then slamming a lawsuit into the tenant's face instead? Did attorney Turk know US Postal Service executive Allen Donelan was going to lean on his government-issued gun to get his way and hang on to money that's not his to keep?

I don't have a gun. My weapon is the pen that will document the facts — the truth — in court filings and in the court of public information. My motto is that of Martin Luther the Reformation leader stood on some five centuries ago, "Peace if possible, but truth at any rate."

Allen Donelan will be the catalyst of tossing Downtown Dadeland (or whatever new name is lurking in the wings) into the limelight. It shall again be a David and Goliath epic. The score: All attacks driven by avarice and efforts to hide misdeeds won by David swinging the pen. That's five in number. What will be the outcome of the newest avarice-driven effort?

But who is counting? Allen Donelan has filed nine (9) lawsuits in efforts the identity of which I shall leave to your imagination to discern. The court records identify the following as victims (defendants) of Allen Donelan: (1) University of Miami; (2) First Financial Management Corporation; (3) Hilton Hotels Corp.; (4) Encore Svcs Systems Inc; (5) Delta Air Lines Inc; (6) Dadeland Pool; (7) Delta Airlines Inc; (8) US-1 Van Lines of Florida; and (9) Dinter, Heinz.

That leaves one question: Does Allen Donelan's membership in the St. Andrew Greek Orthodox Church of Kendall teach him morality? Perhaps Rev. Fr. Eudokimos-Martin Harding, the presiding priest, has the answer. You can reach him at 305-595-1343, 305-595-1369 (Fax), or standrewfl@aol.com.

What future do you predict for the Downtown Dadeland condominium with Allen Donelan in a leadership position of the 8 condominium associations? Will it really require a crystal ball?

11-21-08 Attorney Harold J. Turk sends a 2-page letter

Isn't it amazing what man's ferocity for destruction can accomplish in seven (7) months of apartment occupancy as diligently documented by the type of attorney who gives the profession a bad name? Is it not? The move-in day was April Fool's Day and the move-out was accomplished on Halloween.

My beloved mother would turn in her grave were she to learn of her son no longer honoring that which he learned as a child and having turned to disrespecting property.

Here is the documented evidence of imagination having run wild or is it greed in its purest (or is it poorest) form? What part does avarice play in the authorship of such astounding document?

12-08-08 Heinz Dinter files his amended counter-complaint

Dinter's Counter-ComplaintThe 71-page amended counter-complaint against Allen Donelan, aka Allen P. Donelan, aka Cornelius Allen Donelan, aka C. Allen Donelan, aka C. Allen Donelan II, aka Cornelius A. Donelan, aka Cornelius A. Donelan Jr.; Stella P. Donelan; Joan R. Stern, individually and in her capacity as president of Joan R. Stern, P.A., a Florida professional association; Clark W. Toole III, individually and in his capacity as manager of Coldwell Banker Residential Real Estate LLC, a Florida limited liability company was filed.

My counter-lawsuit does not solely focus on the wrongdoings and self-serving and mean-spirited actions of Allen Donelan. You will also learn of the unprofessional conduct of one lawyer who swore the "Oath of Admission to The Florida Bar" and promised to abide by the "Creed of Professionalism" (see Thoughts About Lawyers at www.GrandLifestyle.com) and the unethical conduct of real estate professionals, including a Realtor® who also promises to adhere to a code of ethical conduct.

12-08-08 Attorney Turk fails to appear at a hearing

The docket clearly confirms an entry made on November 26, 2008: A hearing will take place at 10:15 am on December 8, 2008. Heinz Dinter appeared, but attorney Harold Jay Turk did not. That was grounds for asking for the dismissal of the Donelans' Motion to Dismiss Counterclaim. That, of course, would have prevented hearing from the resourceful and imaginative counsel for the resourceful and imaginative Donelans.

12-10-08 Heinz Dinter replies to attorney Turk's 11-21-08 letter

Let the letter speak for itself.

12-15-08 Results of today's court hearing

At a court hearing today, the Court ordered and adjudged:

(1) Defendant’s motion to amend counterclaim is granted.

(2) Plaintiffs’ motion to dismiss the original counterclaim is denied.

(3) Plaintiffs’ motion to amend their complaint is granted.

(4) Plaintiff and defendant shall mediate this matter after appropriate and timely motions have been filed at the option of the parties.

12-17-08 Heinz Dinter files a notice of voluntary dismissal

Counter-Plaintiff Heinz Dinter files his Notice of Voluntary Dismissal of Joan R. Stern, individually and in her capacity as president of Joan R. Stern, P.A., a Florida professional association; Clark W. Toole III, individually and in his capacity as manager of Coldwell Banker Residential Real Estate LLC, a Florida limited liability company. This dismissal is without prejudice.

He will file, instead, a complaint with the Florida Department of Business and Professional Regulation.

 

You will be appraised of coming actions
and the next chapter will come to you
via this page at www.GrandLifestyle.com/condocom.htm
my eBook, CONDO COMMANDO, at www.GrandLifestyle.com and
www.Condomonium.blogspot.com.

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