How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 112765
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
10285032
Type Your Real Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Could you review my answer to the board, and make necessary

Customer Question

Could you review my answer to the board, and make necessary corrections visible.
I attached the documents as well.
Before you answer do you have any conflict with Shifrin or DK condo
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I have no such conflict. Also be very clear we do not represent you and we can only make suggestions for your letter, we cannot make the changes for you.
Customer: replied 5 months ago.
NO you do not represent me, and just make suggestions.
But I am not a law person, so I am asking to reword things when not appropriate, if you cannot do that then you are not of any help.
I need advice and correction of this letter.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for agreeing.
If you send me the letter I will look at it.
Customer: replied 5 months ago.
Mr Shifrin, All Board Members,Thank you for your email and letter.
I regret that you did not read my original complaint (062316) so I am pasting it below this email.I am restating that none of your accusations are true.
There was no encounter and nor argument or reason for an argument with Michele from the management on 062316.
I requested and I request again footage of all lobbies cameras as well as the one in the management office. Those footages will easily show that Michele made up her story. I am sorry she was not fit for work that day (this can be seen on the cameras).I was waiting sitting at my computer inside of the office (during open hour time of the office) working and waiting for Paulina (manager) to arrive, there was no communication what so ever with Michele. Michele started to talk over the phone and asked me questions, I responded with a couple of words. No argument. Then she left the office as I was still on my computer trying to work,...since nobody was in the office and I did not want to be alone in the office I left my belongings and went to the lobby and found Michele talking over the phone, and then she said that the office is an hostile environment and that I have to leave and she will close the door.
So I went to the office with Michele and tried to ask her when Paulina will arrive but she kept repeating constantly the same thing over and over ...that I have to leave ...as I was closing my computer...
There was no argument; that can be seen on a camera, the only one talking was Michele, not me. Since Michele never stop speaking on and on, on her own.....I let within less than 3 minutes from the time I was informed in the lobby that I had to leave...how long does it take to pack a computer...about that time, this can be seen on the cameras.
......The sentence you put in my mouth is not from me, I do not use this vocabulary as I did not grew up within the US, so I did go to kindergarden here, so do not use kindergarten vocabulary.Importantly, I should be treated with politeness and professionalism. This was not the case that morning from both Michele first and Paulina second.Generally I have been receiving letters and threats from you and the board, each time I point out failure in management, maintenance, or board actions, such as; 3-year long plumbing leaks in my bath room inducing mold (you sent me a threatening letter and the board aggressively denied the issues); Gas leak issues and information during a board meeting during owners' time and one month prior to board elections (you sent me a letter, the board denied the issues for more than seven years); COMCAST financial issues my account being used by someone else, so that my internet was turned off for non payment as I was paying dues (you sent me a letter and the board aggressively denied it); recently again my internet interrupted and not working , because the management did not do their job, i try to go to the management and try to ask AGAIN to see comcast contract , they close the door on me (062316) (you send me a letter and want to fine me....)......Finally, the board of directors is clearly in breach of its fiduciary duty when it accuses me for things that did not happen. It looks like the board has intentional bad faith.I am informing all board members that they do not get to base their actions on whether or not they like certain owners; nor do they get to selectively favor certain owners over other owners.
The board members serve at the pleasure of the owners and have a fiduciary duty to all owners.I am requesting that the board rescind intention of fine and cease and desist in imposing any further fines and/or discriminating action against me.If the board fails to comply within three weeks, I will have no choice but to file a suit against the HOA and its individual board members. I will be seeking not only my actual damages, but also punitive damages due to their either intentional or willful nine years long continuous misconduct.Yours Sincerely,C. GerinFrom: Christine Gerin <*****@******.***>
To: Shifrin M <*****@******.***>
Cc: calvin.monson <*****@******.***>; jean_hines <*****@******.***>
Bcc: XXXXXSubject: Management rudeless incompetance and abse ce0622316Re: Account suspended for non payment!!! 062216-your Office-060816
Date: Thu, Jun 23, 2016 11:31 amI we t to the office today, to ask Paulina to contact Comcast since i am paying my assessments.
Michele arrived at 9 am and i told her that my internet has been cancelled and i needed to talk to Paulina. since i am paying my assessments. and Comcast and her salary (she does not say hello).
I am not sure she understood.
I said that i will wait in the office for Paulina.
I asked her if she needed a few minutes to get herself set up before i come into the office. She said no and said that i could come in. I said that i d like to work here and use internet as it has been permitted to other board members and own
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
Below is your letter and some suggestions for you to correct in your own words.
Mr Shifrin, All Board Members,
Thank you for your email and letter.
I regret that you did not read my original complaint (062316) so I am pasting it below this email. (IT APPEARS THAT YOU MAY NOT HAVE READ MY ORIGINAL COMPLAINT, SO I AM PASTING IT BELOW)
I am restating that none of your accusations are true.
There was no encounter and nor argument or reason for an argument with Michele from the management on 062316. (add: IN FACT, THE VIDEO FROM THE OFFICE AND BUILDING WOULD PROVE THAT I AM INNOCENT OF THESE ALLEGATIONS.)
I requested and I request again footage of all lobbies cameras as well as the one in the management office. Those footages will easily show that Michele made up her story. I am sorry she was not fit for work that day (this can be seen on the cameras). (I PREVIOUSLY ASKED FOR A REVIEW OF THE VIDEO AND I AM AGAIN ASKING NOT ONLY THAT YOU REVIEW IT BUT YOU PRESERVE IT AND CONSIDER THIS YOUR NOTICE THAT THE VIDEO MAY BE EVIDENCE IN CIVIL LITIGATION AND FAILURE TO PRESERVE THE VIDEO COULD RESULT IN CIVIL PENALTIES FOR SPOLIATION OF EVIDENCE. THE VIDEO WILL PROVE THAT NO SUCH HOSTILE ENCOUNTER OCCURRED.)
I (MAINTAIN THAT I) was waiting sitting at my computer inside of the office (during open hour time of the office) working and waiting for Paulina (manager) to arrive, there was no communication what so ever with Michele. (THE VIDEO WILL PROVE THAT) Michele started to talk over the phone and asked me questions, I responded with a couple of words. No argument. Then she left the office as I was still on my computer trying to work,...since nobody was in the office and I did not want to be alone in the office I left my belongings and went to the lobby and found Michele talking over the phone, and then she said that the office is an hostile environment and that I have to leave and she will close the door.
(WHEN) I went to the office with Michele and tried to ask her when Paulina will arrive but she kept repeating constantly the same thing over and over ...that I have to leave ...as I was closing my computer...
(AGAIN) there was no argument, the only one talking was Michele, not me. Since Michele never stop speaking on and on, on her own.....I let (LEFT) within less than 3 minutes from the time I was informed in the lobby that I had to leave...how long does it take to pack a computer...about that time, this can be seen on the cameras.
......
The sentence you put in my mouth is not from me, I do not use this vocabulary as I did not grew up within the US, so I did go to kindergarden here, so do not use kindergarten vocabulary. (THE WORDING YOU HAVE CLAIMED I USED IS NOT PART OF MY VOCABULARY AS I DID NOT GROW UP IN THE US AND THOSE PHRASES ARE FOREIGN TO ME.)
Importantly, I should be treated with politeness and professionalism. This was not the case that morning from both Michele first and Paulina second. (I HAVE BEEN THE ONE WHO HAS BEEN HARASSED AND RETALIATED AGAINST IN THIS MATTER, TO THE EXTENT THAT THESE ALLEGATIONS HAVE BEEN FABRICATED AGAINST ME.)
(OVER THE PAST SEVERAL YEARS) I have been receiving letters and threats from you and the board, each time I point out failure in management, maintenance, or board actions, such as; 3-year long plumbing leaks in my bath room inducing mold (you sent me a threatening letter and the board aggressively denied the issues); Gas leak issues and information during a board meeting during owners' time and one month prior to board elections (you sent me a letter, the board denied the issues for more than seven years); COMCAST financial issues my account being used by someone else, so that my internet was turned off for non payment as I was paying dues (you sent me a letter and the board aggressively denied it); recently again my internet interrupted and not working , because the management did not do their job, i try to go to the management and try to ask AGAIN to see comcast contract , they close the door on me (062316) (you send me a letter and want to fine me....)......
Finally, the board of directors is clearly in breach of its fiduciary duty (BY FABRICATING ALLEGATIONS AGAINST ME TO AVOID HAVING TO ADDRESS THE ASSOCIATION'S BREACH OF CONTRACT). It looks like the board has intentional bad faith.
The board members serve at the pleasure of the owners and have a fiduciary duty to all owners.
I am requesting that the board rescind intention of fine and cease and desist in imposing any further fines and/or discriminating action against me. (I ALSO REQUEST THE BOARD TAKE ACTIONS TO MAKE REPAIRS THEY ARE REQUIRED TO MAKE IN RESPONSE TO NOT JUST MY COMPLAINTS, BUT TO THE COMPLAINTS OF ALL TENANTS.)
If the board fails to comply within three weeks, I will have no choice but to file a suit against the HOA and its individual board members. I will be seeking not only my actual damages, but also punitive damages due to their either intentional or willful nine years long continuous misconduct.
Yours Sincerely,
C. Gerin
Customer: replied 5 months ago.
Very good suggestions thank you.
COMCAST CREDITED MY ACCOUNT into the general building account OF 100$ should i ask the board to send me a check of 100$. .?
Should i ask it in this letter?
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
You can mention that Comcast issued you a $100 credit and ask for that to be returned to you and you need to attach proof of that.