Complaint Review: SPM Group Inc. - Doral Florida

A recall process of the Board of Palm Springs Villas Maintenance, Inc was completed pursuant to section 720.303(10) of the Florida Statutes.  On October 14, 2009, 2 p.m., the registered agent, Mr. Raul Aguilera, was served via certified returned receipt mail 287 recall agreement ballots.  This was 60% out of 520 townhomes owners requesting the existing board be replaced with the new board. 
However, Palm Springs Villas Maintenance, Inc.'s board did not handle the recall agreement's certification process according to section 720.303(10) (2) (f) of the Florida Statutes. 
The management company, SPM Group, Inc., replied in behalf of the Board. SPM Group, Inc. made the decision, as it serves its best interests, and also filed for arbitration through its own attorneys.  This action is a violation of 520 homeowners rights according to Florida laws. Our main complaint to you is that the management company should not and cannot act the part of the HOA. How do we know this is the case? In the recent case of Palm Springs Villas Maintenance, Inc. vs. a homeowner in our community the president of the board, Mr. Manuel Ortega, and the treasurer of the board, David Prince, testified that they were not aware of the recall process that they never had any meetings about certification of the recall agreement ballots.  Nor did they ever meet to discuss homeowners with delinquent or late payments.  Nor did they ever meet to hire an attorney and file law suits against ANYONE.   Manuel Ortega, under oath, claimed not to know the names of the other board members nor did he have any idea where they might live!  We are prepared to take the proper steps and file complaints against Mr. Carlos Arteaga (CAM6843), and Mr. Raul Aguilera's (CAM6844) of SPM Group as it is clear that they are making decisions for an entire community without the knowledge or consent of the HOA, namely the Homeowners.  Never mind that the current HOA was never even elected by the homeowners to begin with.  However, our interest is to avoid prolonging the misery our community has been forced to endure due to the actions of SPM Group. 
SPM Group, Inc. has been managing our entire community, including the board, since November 2003.  We request that the DBPR begin an investigation of the SPM Group, Inc., the manner in which it was hired, and the manner in which the Home Owners Association, known as Palm Springs Villas Maintenance, Inc. was actually formed.
There have been at least 80 homes with liens and foreclosure procedures requested by SPM Group, Inc. and their attorneys. Most homeowners have entered into a payment agreement with SPMs attorneys, an agreement that consists of maintenance fees plus grossly inflated attorneys fees (for example, one homeowner owed $600, but paid over $4,500 in attorney fees).   The reason for these liens and foreclosures is that some homeowners have become fed up with the bellow standard maintenance services and others were simply not properly informed of the existence of the HOA.  Literature sent out via SPM group has been repeatedly misleading.  The majority of the homeowners felt helpless in the face of a lien and paid to avoid losing their homes.  This form of debt collection, mafia style has left the community in fear, to the point that they do not even want to make mention of the HOA.  Lack of knowledge has led them to believe that they are dealing with a maintenance company that they did not even contract to provide the alleged services.  SPM Group, Inc., and Palm Springs Villas Maintenance, Inc. have been misrepresenting themselves by calling themselves a maintenance company.  According to a December 2003 Community News Letter attached to the only notice of elections dated February 4, 2005, received only by some homeowners, Palm Springs Villas Maintenance, Inc. is not a condominium nor is it a homeowners association. They are an independent non-for Profit Corporation. Also, according to article III of the articles of incorporation, document number N03000010287, dated November 25, 2003, for Palm Springs Villas Maintenance Inc the purpose for which the Association is organized is to engage as a non-profit Developer organization to perform all of the duties and obligations of the Developer.  All of us are significantly confused by that since the community was built in 1972 and we fail to see what the duties of any such developer would be at his time.
We believe that SPM Group is misusing our association dues. They complain that they do not have the necessary funding to provide the maintenance due to the unpaid maintenance fees. However, this is totally false. Their financial budget is a fraud.  As explained before, most of the homeowners in question have entered in to a payment arrangement or paid their debts in full.  The 2009 does not show a deficit, nor does not show what happened to the recovered maintenance fees.  Furthermore, Palm Springs Villas Maintenance, Inc.s annual budget is in violation of FS 720.303(6)(c) of the Florida Statute, which states that the budget of the association must provide for reserve accounts the association is responsible for the repair and maintenance of capital improvements that may result in a special assessment if reserves are not provided, each financial report for the preceding fiscal year required by subsection (7) shall contain the following statement in conspicuous type: THE BUDGET OF THE ASSOCIATION DOES NOT PROVIDE FOR RESERVE ACCOUNTS FOR CAPITAL EXPENDITURES AND DEFERRED MAINTENANCE THAT MAY RESULT IN SPECIAL ASSESSMENTS. OWNERS MAY ELECT TO PROVIDE FOR RESERVE ACCOUNTS PURSUANT TO THE PROVISIONS OF SECTION 720.303(6), FLORIDA STATUTES, UPON THE APPROVAL OF NOT LESS THAN A MAJORITY OF THE TOTAL VOTING INTERESTS OF THE ASSOCIATION.  Clearly, this organization is operated as a dictatorship and they do not subscribe to the voting process.  This is another example of how Palm Springs Maintenance, Inc. and SPM Group has taken full advantage of and uniformed community with little or no means to contest or even resist their communist style rein. 

The Palm Springs Villas Homeowners in Hialeah demand the boards resignation and termination of the contract with SPM Group Inc
 
Please help us.  We urgently need direction and relief.