The document alleges misconduct in the Pavilion Condo elections held on February 2, 2018. It summarizes several major violations found upon inspecting the election materials, including: (1) multiple ballots counted for some units; (2) forged signatures on outer envelopes verified by unit owners; (3) a signature from someone who died in 2010; and (4) 109 ballot envelopes with issues like unverified signatures or missing voting certificates. It demands that the election be invalidated and a new proper election be held that complies with all legal requirements and bylaws.
Ltr to pavilion notice of dispute election signed 20180309 with attachments
1.
2. ALLEGATIONS OF MISCONDUCT
PAVILION CONDO ELECTIONS 2/2/2018
Amended March 8, 2018
1
On February, 2 2018 the PAVILION CONDOMINIUM ASSOCIATION OF Miami Beach, INC. (the
“Association”) held its required annual meeting and election to the Board of Directors.
1. The Association failed to conduct a proper and legal election for the Board of Directors.
2. The required minimum of Proxies to hold an election was not attained. As per the Bylaws Article
Three Section 6, a quorum of 50% (204) of the total voting interest (408) must be present or by
written proxy. We have accounted for 47 written proxies and at most 30 members physically
present at the meeting. For a total of 77 units represented. Therefore, this election is invalid
since the quorum requirement was not met.
3. We conducted an inspection of official elections documents over two days from February 20
through February 21, 2018. We made copies of all outer envelopes, voting certificates, ballots
and other material provided to us. The Association billed us $576.50 for 2,306 copies.
4. As defined in the Florida Statutes Chapter 718.102(28): “Unit owner” or “owner of a unit”
means a record owner of legal title to a condominium parcel and Chapter 718.102(29): “Voting
certificate” means a document which designates one of the record title owners, or the
corporate, partnership, or entity representative, who is authorized to vote on behalf of a
condominium unit that is owned by more than one owner or by any entity.
5. Upon inspection of the election material, the report filed by the Florida State assigned election
monitor and the review of video recording of the process, we have found many violations of FS-
718 and the Association’s Bylaws.
6. We reviewed a total of 260 outer envelopes: 245 accepted by the State assigned election
monitor and allowed to vote and 15 stamped “DISREGARDED” by the same monitor. We
discovered that 109 ballot envelopes with major violations including forgery of signature. See
EXHIBIT 1 attached.
7. Some of the major violations are highlighted below:
I. Multiple ballot envelopes for units. Votes counted multiple times
II. Outer Envelope signatures forged verified by owner of units
III. Outer Envelope signature of a person dead since 2010
IV. Voting Certificate with non-authorized signature
V. Units Missing Voting Certificates
VI. Suspicious signatures with similar hand writing
VII. Election not held in January as stipulated in the Bylaws
VIII. Failure to deliver pre-election material to many owners
IX. Candidates not qualified due to term limits
X. Candidate, elected, not owner of record of any units
XI. Units owned by inexistent LLC
3. ALLEGATIONS OF MISCONDUCT PAVILION CONDO ELECTIONS 2/2/2018
2
I. Multiple outer envelopes for units. Votes counted multiple times
We discovered two outer envelopes for each of these units: Unit 1708 (EXHIBIT 1A) and Unit 1124
(EXHIBIT 1B.) All votes counted twice.
II. Outer envelope signatures forged verified by owner of units
We have found and verified that signatures have been forged for the outer envelopes of Units 1124,
1708, 816 and 412. As stipulated in Florida Statute 718.111(1)(d) “forgery of a ballot envelope or
voting certificate used in a condominium association election is punishable as provided in s. 831.01.”
Florida Statute 831.91 states that this conduct “shall be guilty of a felony of the third degree.” See
Exhibits 1A, 1B, 1C and 1D.
III. Outer Envelope signature of a person dead since 2010
We could not contact with the owner Unit 816 who signed the outer envelope: Werner Barrientos. We
then confirmed the information that Mr. Barrientos has been dead since 2010. EXHIBIT 1C
IV. Voting Certificate with non-authorized signature
We found 94 units with no signature match, unverified signature, lacking voting certificate for an entity,
person not authorized to sign, nonexistent entities and forged signatures. EXHIBIT 1
V. Units missing Voting Certificates
We found that 75 units did not have a corresponding voting certificate. A voting certificate is needed to
authorize one of the owner of record or an officer of the entity to vote on behalf of a condominium unit
that is owned by more than one owner or by any entity. A voting certificate is needed to validate the
signature on the outer envelope. EXHIBIT 1
VI. Suspicious signatures with similar hand writing
We discovered that many outer envelopes were using the format: last name, first name and started the
unit number with a 0, e.g. Unit 0402. EXHIBIT 1
VII. Election not held in January as stipulated in the Bylaws
The Annual Meeting and Election were held on Friday, February 2, 2018. This represents a violation of
ARTICLE THREE, SECTION 2 (b) (EXHIBIT 2) of the Bylaws that requires that these meeting “shall be held
in January of each year.” During this time, the existing directors, without authority, continued to take
action on behalf of the Association notwithstanding their terms had expired.
4. ALLEGATIONS OF MISCONDUCT PAVILION CONDO ELECTIONS 2/2/2018
3
VIII. Failure to deliver pre-election material to many owners
The Association failed to fully comply with pre-election notice requirements outlined under Section
718.112(2)(d)(4)(a) of the Florida Statutes. Pre-election notices were not delivered in accordance with
applicable requirements. Namely, many owners did not receive their election material envelopes by
mail as required. The election material did not include voting certificates.
IX. Candidates not qualified due to term limits
Five (5) board members elected are in violation of term limits as stipulated in the Amendment to Article
V, Section 2 of the Bylaws THE PAVILION CONDOMINIUM ASSOCIATION OF MIAMI BEACH, INC.,
recorded at Official records book 27006, page 0905, CFN (2009R0651378) on 9/9/2009 of the official
records of Miami-Dade County (EXHIBIT 3.)
These candidates are: Osvaldo Valiño, Ariel Garbarz, Ena Hernandez Leal, Jose Sardina and Carlos Mei.
As such, the Association has conducted an election with candidates that are not eligible to hold office
due to term limits (EXHIBIT 4) according to and/or title ownership requirements. As such, all votes
received for these candidates should not be counted.
X. Candidate, elected, not owner of record of any units
Mr. Horacio Bachetti, elected to the board in this election, is not the owner of record of Unit 1503 as he
claims. Mr. Bachetti signed the voting certificate and outer envelope for Unit 1503 for BLUE ALEX LLC.
Miami-Dade Property Appraiser records show the owner of Unit 1503 is indeed BLUE ALEX LLC.
However, BLUE ALEX, LLC shows under Authorize Person(s) Detail: Title MGRM CALLAWAY ASSETS
LIMITED. CALLAWAY ASSESTS LIMITED is registered in the Bahamas and the sole officer is STANDARD
NOMINEES (BAHAMA) according to the ICU (Offshore Leaks Database.) Mr. Bachetti´s name is not
authorized to sign for this unit. Mr. Bachetti is not qualified to serve on the board of directors of the
Association and shall be removed immediately. See EXHIBIT 5.
XI. Units owned by inexistent entities
For example, Mr. Juan Leiva signed for SMART INVESTORS. Miami-Dade Property Appraiser records
show the owner of Unit 1109 to be SMART INVEST CO LLC. SMART INVEST CO LLC does not exist in
SUNBIZ.ORG. The closest we can find in SUNBIZ.ORG is SMART INVEST LLC who the sole authorized
person is an ERIKA PILKONIS. Therefore, Mr. Leiva is not the owner of records and is not authorized to
sign the voting certificate for Unit 1109. See EXHIBIT 6.
5. ALLEGATIONS OF MISCONDUCT PAVILION CONDO ELECTIONS 2/2/2018
4
8. The Florida state assigned election monitor, Diana Zayas-Bazan, lacked access to the websites
of the Miami-Dade Property Appraiser and SUNBIZ.ORG to verify ownership of the units and find
who were the persons authorized to sign the voting certificate in case the unit was under an
entity. An owner-candidate brought down his laptop from his unit for the election monitor to
use, but Mr. Osvaldo Valino and Michael Góngora of Becker & Poliokoff objected. This can be
seen in the video recording of the meeting. We have counted over 210 LLCs or CORPS out of
408 units (350 residential units.) EXHIBIT 7.
9. We believe that ZAYAS-BAZAN was ill prepared, acted irresponsible and did not discharge her
duties independently as required. ZAYAS-BAZAN violated the Association’s Bylaws and FS-718.
Although she discovered 135 suspicious envelopes according to the MONITOR’S REPORT, she
willfully sought and relied on the decisions of Mr. Góngora of Becker and Poliakoff, to allow 121
of these envelopes to count for the elections.
10. We continue to analyze copies we made of the election material we had access to. We reserve
the right to present any or all irregularities, potential vote manipulation evidence or any other
violation that we might find to all the venues available to us.
11. As a result of these violations, we respectfully demand that:
a) This election be declared invalid, void and null
b) The Association conducts proper election:
I. The Association shall comply with pre-election notice requirements
II. The Association shall strike ineligible candidates due to term limits and/or not being
members of the Association
III. The Association shall take actions taken by unlawful board to be held in abeyance
until proper election is held.
12. Further, the person(s) responsible for tampering with the election material must be processed
for forgery of the third degree and punished as stipulated in s. 775.082, s/ 775.083 or s. 775.084.
xxx
6.
7. 109
Unit Allegations of Misconduct Unit Owner(s) Voting Certificate (VC) Authorized to Sign Who Signed? Proxy Comments
406 NO SIGNATURE MATCH America Sanchez Yes America Sanchez No
407 NO SIGNATURE MATCH Sonomar Holdings, Inc. Yes Eric Walker Eric Walker No Entity does not exist
410 NO SIGNATURE MATCH Camarena Investment LLC Yes Juana Camarena Juana Camarena No
412 DISREGARDED BY MONITOR Antonio/Hortenzia Brito No TDE Housing, LLC/Cristiana Cuervo ? No Forged Signature
415 NO SIGNATURE MATCH David/Blanca Thrope No David Thrope N0
418 NO SIGNATURE MATCH RSF Investments LLC Yes Juan Carlos Sobrero Juan Carlos Sobrero No Entity does not exist
502 NO SIGNATURE MATCH Ezra Reuven No Ezra Reuven No
503 NO SIGNATURE MATCH Alvaro Echeverria Sanchez Yes Alvaro Echeverria No
508 NO SIGNATURE MATCH Camalu 508 LLC Yes Hugo/Laura Cohen Hugo Cohen No
512 NO SIGNATURE MATCH Massimo Trippetti Yes Massimo Trippetti No
519 DISREGARDED BY MONITOR Capicua Investment, LLC Yes Emilce Diaz Emlice Diaz No
520 NO SIGNATURE MATCH Gustitio Corp Yes Osvaldo Spanol Osvaldo Spanol No
521 NO SIGNATURE MATCH Stella Maris Giordano Yes Estela Giordano No
522 NO SIGNATURE MATCH Julio Nacusi Yes Julio Nacusi Julio Nacusi No
525 Unauthorized Signature Pavilion Farms, Inc. Yes None Mario Lamar No
605 NO SIGNATURE MATCH Collins Star, Inc Yes Angel Gasparutti Angel Gasparutti No
606 NO SIGNATURE MATCH Star USA Investments, LLC Yes Raul D. Naftali illegible No
608 DISREGARDED BY MONITOR Lanmadan Enterprises, LLC Yes Andrea Ivdokovsky No Entity does not exist
609 No VC for Entity Andalusia Fund LLC No Lynn Fayad No
612 NO SIGNATURE MATCH Lina Mouhaffel Yes Lina Mouhaffel No
619 Unverified Signature Maria E. Montano Rico No Maria E. Montano Rico No
703 Unauthorized Person Signed Sasha Investment yes Daniel Bensimon Juan Tobon No not in subbiz.org
709 NO SIGNATURE MATCH Esperanza Alvarado Escalante yes Esperanza Alvarado Escalante Alvarado Escalante Esperanza No deed
712 NO SIGNATURE MATCH Bradley W Rehenan Sandra L Renehan yes Sandra Renehan Sandra Renehan No REVIEW SIGNATURE
712A UNAUTHORIZED SIGNATURE Pavilion Farms, LLC Yes None Mario Lamar No
715 NO SIGNATURE MATCH Ruth Steinberg LLC yes Leopoldo Carrena Leopoldo Carrena No Check Date on VC
717 NO SIGNATURE MATCH KRAEMER AND SCAVACINI LLC yes Andre P kraemer Andre P kraemer No
718 DISREGARDED BY MONITOR Davinia Chopurian Yes No NO SIGNATURE MATCH
719 NO VC/ NO SIGNATURE MATCH Berta Sanchez LE REM Christopher Sanchez No Berta Sanchez No
720 NO SIGNATURE MATCH Bertram Kossis Reda Kossis yes Bertam Kossis Bertam Kossis No
722 NO SIGNATURE MATCH Esther Goldstein no Esther Goldstein Esther Goldstein No Check Signature on Check
723 DISREGARDED BY MONITOR Tresto, LLC No No
803 WRONG OWNER/UNIT SOLD David M Dalla Libera Moica Schulz NO Eugene Freund No Sale Closed on 1/16/2018
810 NO SIGNATURE MATCH Moshe Baranes yes Moshe Baranes Moshe Baranes No
816 SIGNATURE, SIGNER DEAD Werner Barriento &W Galdys Barrientos no Werner Barriento &W Galdys Barrientos Werner Barrientos No Died in 2010
820 N0 SIGNATURE MATCH nicolas munos/maria munoz NO nicolas munos maria munoz Munos Nicolas No VC crossed out to PROXY
821 NO SIGNATURE MATCH Asta holdings corp yes ANTA Holding Corp Atilio Boggian No Astan Holding not in sunbiz
823 NO SIGNATURE MATCH Jorge E Nunez JTRS Fernando H Nunez JTRS yes Jorge Nunez Jorge Nuzez No
903 NO SIGNATURE MATCH Guillermo Lacorra no Guillermo Lacorra Guillermo Lacorra??? No
904 NO SIGNATURE MATCH Migdalia Diaz LE Jorge L Figueras no Migdalia Diaz No
905 NO SIGNATURE MATCH Aleas Jactea LLC yes Silvina de la Plaza Osacar Gerez NO Proxy from 2015
906 DISREGARDED BY MONITOR Lilia Santana Trust No Lilia Santana No
912 DISREGARDED BY MONITOR Artemio Properties, Inc. Yes Alberto George No
915 NO SIGNATURE MATCH Betty Protto No Betty Protto no Suspected Forgery
918 DISREGARDED BY MONITOR Sajama Heights , LLC Yes Javier Flores Siles No
924 NO SIGNATURE MATCH Demeni LLC yes Nicolas De Metrio Nicolas De Metrio Yes
925 NO SIGNATURE MATCH Pavilion 925 LLC Yes Hugo Octavio Bruno Grassi Hugo Armando Grassi No VC from 2013
1008 Person NOT Authorized to sign Pavilion 1008 LLC Yes Evadanjo LCC Evaristo Ales yes VC Empty
1015 Person NOT Authorized to sign LMI Grp llc yes Luis Maria Iridoy UNKNOWN Yes Title/Sunbiz do not match
1019 NO SIGNATURE MATCH US 4 development corp yes Jorge R Scarpino Jorge R Scarpino No
1021 NO VC/TRUST Silvia Bolet LE REM Silvia Bolet TRS no Silvia Bolet No TRUST
1022 DISREGARDED BY MONITOR Yair Piso No Mawl Pager No
1023 NO SIGNATURE MATCH Carlos Leiva Yes Carlos Leiva Carlos Leiva No
1103 VC not valid Malau Investments Corp yes Mariano P La Rocca Mariano P La Rocca no VC 2015
1107 NO SIGNATURE MATCH Richard Arthur Herold Elena Timonich Herold NO No Suspected Forgery
1109 Company on title Does not exist Smart Invest Co LLC Yes Juan Leiva No
1110 NO SIGNATURE MATCH Nemraclucy llc Yes Alfredo Gonzalez Alfredo Gonzalez No
1112 NO SIGNATURE MATCH James and Lidia Resnick no James Resnick &W Lidia James Resnick &W Lidia No
AUDIT OF ELECTION RECORDS
PAVILION CONDO ELECTIONS FRIDAY, FEBRUARY 2, 2018 at 6:00 pm
8. 109
Unit Allegations of Misconduct Unit Owner(s) Voting Certificate (VC) Authorized to Sign Who Signed? Proxy Comments
AUDIT OF ELECTION RECORDS
PAVILION CONDO ELECTIONS FRIDAY, FEBRUARY 2, 2018 at 6:00 pm
1117 Unauthorized Person Pavilion Farms Inc Yes nobody-Sunbiz Mario A Lamar See 712A
1121 NO SIGNATURE MATCH Demeni LLC yes N Demetrio
1124 Duplicate Envelope Hilbren Salazar yes Hilbre Salazar Hilbre Salazar No
1124 Signature Forged Hilbren Salazar Hilbre Salazar FORGED
1208 Entity not exist/NO SIGNATURE MATCH Cosmos Holding LLC Yes J.C. Perdomo No
1211 Entity Does not exist Expwolfgang llc Yes Jose Faggiolani Jose Faggiolani No
1215 NO SIGNATURE MATCH Juan A Figueroa yes Juan A Figueroa Juan A Figueroa No
1218 NO SIGNATURE MATCH Julio Nacusi Yes Julio Nacusi Julio Nacusi yes
1223 NO SIGNATURE MATCH 2HBAN Inc yes Rosana Andrea Saban Rosana Andrea Saban No
1225 Entity Does not exist JEJ Frankfurt Investments LP yes No
1403 Unopened Ballot My Miami Vacation LLC Yes Fabiana Cantor Fabian Cantor No
1405 DISREGARDED BY MONITOR Tutuna, LLC Yes Gabriel Norberto Suez Dania Serber No Not Authorized to Sign
1410 NO SIGNATURE MATCH Joudreville Corp Yes Jorge Scarpino Jorge Scarpino No
1420 SIGNER NOT DESIGNATED TO SIGN Trachica, LLC Yes Flavia Ortelli Maria Alejandra Ortelli No
1422 DiSREGARDED BY MONITOR Vidasi, LLC No No
1424 Lacking VC reflecting Trust Abilio Leon Revocable Trust No Abilio Leon Abilio Leon Attendee
1501 NO SIGNATURE MATCH Brian McLean No Brian McLean Brian McLean No
1502 NO SIGNATURE MATCH FF4U, LLC yes Fausto Cavalca Fausto Cavalca No
1503 Unauthorizted Signer Blue Alex, LLC Yes Callaway Assets Limited Horacio Hector Bachetti Yes
1504 NO SIGNATURE MATCH Pedro Javier Herlein yes Pedro Javier Herlein No
1506 No VC for Trust Walter/Catalina Macias, TRS No Walter Macias No
1508 NO SIGNATURE MATCH Milau, LLC Yes Cristiana Franco Cristiana Franco No
1512A NO SIGNATURE MATCH Milton Menendez yes Milton Menendez No
1522 Entity Does not exist Floridamym, LLC Yes Claudia Cittadini/Stella Caccia Claudia/Stella No
1601 NO SIGNATURE MATCH RRDR, llc yes Rene Rebenga Rene Rebenga No
1602 NO SIGNATURE MATCH Beatrice Pereiras No Beatrice Pereiras No
1603 Entity Does not exist ANTA Corp Yes Atilio Boggian Atilio Boggian No NO SIGNATURE MATCH
1604 DISREGARDED BY MONITOR Davinia Chopurian Yes No NO SIGNATURE MATCH
1606 Person not authorize to sign Valuli, LLC Yes Gabriel Norberto Suez Daniel Sorber No
1611 NO SIGNATURE MATCH Overo, LLC Yes Felicitas Viton Felicitas Viton No
1612 FORGED BALLOT IWALA MIAMI, LLC 2 VC diff names Jariwala Mahendra No no longer owner
1612 DISREGARDED BY MONITOR Adrianna Pipi Fashions, LLC 2 VC diff names Aiello Sebastian
1612A NO SIGNATURE MATCH YRIVU, LLC Marina Laura Marti Marina Laura Marti No Entity does not exist
1614 NO SIGNATURE MATCH James/Marilia Delaney Yes Marilia Delaney No
1619 Entity Does not exist Chiqui's House, Inc. Yes Alberto Puglia Alberto Puglia No
1621 DISREGARDED BY MONITOR Eileen Johan No No
1623 Entity Does not exist Twenty Seven East, LTD Bernardo Turjanski Bernardo Turjanski
1702 NO SIGNATURE MATCH Olga L Valdes LE REM Olga Valdes TRS NO No
1705 Person not Authorized to Sign Jurado Hoildings Inc yes Henry Jurado Ricardo Jurado NO SIGNATURE MATCH
1708 DOUBLE ENVELOPE Janusz Ratynski Ewa Ratynski Janusz Ratynski Ewa Ratynski Janusz Ratynski Ewa Ratynski yes
1708 FORGED SIGNATURE Janusz Ratynski Ewa Ratynski
1712 Entity Does not exist Liberia Investment Inc David M Dalla Liberia NO SIGNATURE MATCH
1712A NO SIGNATURE MATCH Pavilion 1712 LLC yes EVADANJO LLC yes Entity does not exist
1714 NO SIGNATURE MATCH Ninh phuoc Quag LE Phjng thi Kim Nighiem yes No
1716 NO SIGNATURE MATCH Sofia Propertues Inc Yes Alberto George Alberto George yes
1722 NO SIGNATURE MATCH Rocomi 3 LLC yes Raul Oscar Alonso Raul Oscar Alonso
CU 1 DISREGARDED BY MONITOR Pavilion Miami, LLC No Albert Wilk Alberto Wilk No
M5 No VC for Ruth Bosh Anthony Lopez/Ruth Bosh No ? Ruth Bosch No Deed in Binder
M7 No VC for Trust Abilio Leon No ? Abilio Leon Attendee No Info in Binder
M10 NO SIGNATURE MATCH Jurado Holdings Inc Henry Jurado Ricardo Jurado
PH 5 NO SIGNATURE MATCH Lars/Regine Giebert Lars Giebert Appraiser reads: Siebert
109
9.
10. 1
JRS
From: John F. Ratynski [john@markhamflooring.com]
Sent: Thursday, February 22, 2018 12:29 PM
To: JRS
Subject: RE: Pavilion Condo - Election Audit of Outer Envelopes and other election Material
Hi Jorge,
We only send one envelope. That’s the one with the Canadian stamp and those are my wife’s and mine signatures. The
other one didn’t come from us and it has fraudulent signature!
Let me know if we can be of any further assistance.
John F. Ratynski
Markham Flooring Inc.
1271 Denison Street, Unit 50
Markham, ON L3R 4B5
(o) 905-305-1100 ext. 222
(c) 416-315-3600
john@markhamflooring.com
From: JRS
Sent: February 22, 2018 11:42 AM
To: 'John F. Ratynski'
Subject: Pavilion Condo - Election Audit of Outer Envelopes and other election Material
John,
We, owners, are conducting a forensic audit of the envelopes and other election material submitted for the Pavilion
Condo Association.
We are finding major irregularities, fraud and forgeries of signatures.
We have found two envelopes for Unit 1708. They accepted both envelopes.
You sent me by courier (see attached) your closed outer envelope.
Did you submit another envelope besides the one you sent me?
Can you verify the signature on the envelopes?
Please, it is very important we know this as soon as possible.
Thanks,
Jorge Rodriguez Suarez
Unit 1120
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15. 1
JRS
From: Hibren [hibren.salazar@yahoo.com]
Sent: Thursday, February 22, 2018 1:18 PM
To: JRS
Subject: Re: Pavilion Condo - Election Audit of Outer Envelopes and other election Material
Oh my god! Page 1 with the star over where the stamp would go is my envelope and signature. The other one is a
forgery!!! I only gave an envelope to you which you turned over to Priscilla. Let me know if you need me to do anything!
Also note that in the forged signature, they're starting the scribble with an S as if anyone would sign their last name first.
I guess they couldn't figure out which was my first name and which was my last name.
Hibren
Sent from my iPad
On Feb 22, 2018, at 11:47 AM, JRS <vete@alkarajo.com> wrote:
Hibren,
We, owners, are conducting a forensic audit of the envelopes and other election material submitted for
the Pavilion Condo Association.
We are finding major irregularities, fraud and forgeries of signatures.
We have found two envelopes for Unit 1124. They accepted both envelopes.
You handed your envelope directly to me.
Did you submit another envelope besides the one you handed to me?
Can you verify the signature on the envelopes?
Please, it is very important we know this as soon as possible.
Thanks,
Jorge Rodriguez Suarez
Unit 1120
<Unit 1124 Outer Envelopes.pdf>
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JRS
Subject: FW: Pavilion Condo - Election Audit of Outer Envelopes and other election Material
From: Ernesto Anton [mailto:ernestoanton@bellsouth.net]
Sent: Tuesday, February 27, 2018 9:45 AM
To: jorgersuarez26@gmail.com
Subject: Re: Pavilion Condo - Election Audit of Outer Envelopes and other election Material
Jorge ,
Glad to hear that Margarita is up and about Give her out love.
That ballot is not ours. If you need us to do anything about. Let us know.
Good luck.
Ernesto Anton
On Feb 27, 2018, at 9:16 AM, <jorgersuarez26@gmail.com> <jorgersuarez26@gmail.com> wrote:
From: JRS [mailto:vete@alkarajo.com]
Sent: Sunday, February 25, 2018 10:38 AM
To: ernesto anton (ernestoanton@bellsouth.net)
Subject: FW: Pavilion Condo - Election Audit of Outer Envelopes and other election Material
Ernesto,
Hope things are well. Yesterday, Margarita Anon and Liz came to visit. She is fragile but well.
The reason for this email is that we are conducting a forensic audit of the envelopes and other election
material submitted for the Pavilion Condo Association board of directors election on February 2, 2018.
We are finding major irregularities, fraud and forgeries of signatures.
We found this envelope for Unit 412. This signature and the name are highly suspicious.
Can you verify the signature on the envelope?
Please, it is very important we know this as soon as possible.
Please, keep this confidential.
Thanks,
Jorge Rodriguez Suarez
Unit 1120
(305)439-6667
<Unit 412 Ballot envelope.pdf>
37. 5601 COLLINS AVE.
MIAMI BEACH, FL 33140
Current Principal Place of Business:
Current Mailing Address:
5601 COLLINS AVE.
MIAMI BEACH, FL 33140
Entity Name: THE PAVILION CONDOMINIUM ASSOCIATION OF MIAMI
BEACH, INC.
DOCUMENT# N94000001238
FEI Number: 65-0507316 Certificate of Status Desired:
Name and Address of Current Registered Agent:
DE LA CAMARA, ROSA M. ESQ.
121 ALHAMBRA PLAZA
10TH FLOOR
CORAL GABLES, FL 33134 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail :
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE:
Electronic Signature of Signing Officer/Director Detail Date
ROSA M. DE LA CAMARA
FILED
Oct 09, 2017
Secretary of State
CR9306410928
OSVALDO VALIÑO PRESIDENT 10/09/2017
2017 FLORIDA NOT FOR PROFIT CORPORATION REINSTATEMENT
Yes
10/09/2017
Title P
Name VALIÑO, OSVALDO
Address 5601 COLLINS AVENUE
CU 10
City-State-Zip: MIAMI BEACH FL 33140
Title T
Name IGNATTI, NORBERTO
Address 5601 COLLINS AVENUE
606
City-State-Zip: MIAMI BEACH FL 33140
Title D.
Name MEI, CARLOS A
Address 5601 COLLINS AVE.
1515
City-State-Zip: MIAMI BEACH FL 33140
Title D
Name GARBARZ, ARIEL
Address 5601 COLLINS AVE.
1221
City-State-Zip: MIAMI BEACH FL 33140
Title VP
Name LEIVA, JORGE
Address 5601 COLLINS AVENUE
805
City-State-Zip: MIAMI BEACH FL 33140
Title SECRETARY
Name HERNANDEZ LEAL, ENA
Address 5601 COLLINS AVENUE
M8
City-State-Zip: MIAMI BEACH FL 33140
Title D
Name SARDINAS, JOSE
Address 5601 COLLINS AVE.
1402
City-State-Zip: MIAMI BEACH FL 33140
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44. Featured Online Tools
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information.
Address Owner Name Subdivision Name Folio
5601 collins ave 1503 Back to Search Results
Folio: 02-3211-062-0370
Sub-Division:
THE PAVILION CONDO
Property Address
5601 COLLINS AVE UNIT: 1503
Miami Beach, FL 33140-2456
Owner
BLUE ALEX LLC
C/O CJELAW
Mailing Address
1395 BRICKELL AVE #800
MIAMI, FL 33131
PA Primary Zone
4100 MULTI-FAMILY - 101+ U/A
Primary Land Use
0407 RESIDENTIAL - TOTAL VALUE :
CONDOMINIUM - RESIDENTIAL
Beds / Baths / Half 1 / 1 / 1
Floors 0
Living Units 1
Actual Area
Living Area 930 Sq.Ft
Adjusted Area 930 Sq.Ft
Lot Size 0 Sq.Ft
Year Built 1968
Comparable Sales Glossary Non-Ad Valorem
Assessments
PA Additional Online Tools Property Record Cards Property Search Help
Property Taxes Report Discrepancies Report Homestead Fraud
Tax Comparison Tax Estimator TRIM Notice Value Adjustment Board
Year 2017 2016 2015
Land Value $0 $0 $0
Building Value $0 $0 $0
Extra Feature Value $0 $0 $0
Market Value $343,440 $343,440 $343,440
Assessed Value $343,440 $337,856 $307,142
Benefit Type 2017 2016 2015
Non-Homestead Cap Assessment Reduction $5,584 $36,298
Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board,
City, Regional).
Zoom Map View Layers
2017 Aerial Photography
200ft
45. The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami-Dade
County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp
For inquiries and suggestions email us at http://www.miamidade.gov/PAPortal/ContactForm/ContactFormMain.aspx.
Version: 2.0.3
2017 2016 2015
COUNTY
Exemption Value $0 $0 $0
Taxable Value $343,440 $337,856 $307,142
SCHOOL BOARD
Exemption Value $0 $0 $0
Taxable Value $343,440 $343,440 $343,440
CITY
Exemption Value $0 $0 $0
Taxable Value $343,440 $337,856 $307,142
REGIONAL
Exemption Value $0 $0 $0
Taxable Value $343,440 $337,856 $307,142
THE PAVILION CONDO
UNIT 1503
UNDIV 0.0024213 %
INT IN COMMON ELEMENTS
OFF REC 16366-0389
COC 24224-1734 02 2006 1
Previous Sale Price OR Book-Page Qualification Description Previous Owner 1
12/02/2013 $280,000 28930-2647 Transfer where the sale price is verified to be part of a package or bulk sale. SUNNY INVESTMENTS US LLC
09/30/2010 $268,000 27453-0956 Qual by exam of deed JUMBO BEATLES LLC
02/01/2006 $490,000 24224-1734 Sales which are qualified
08/01/2002 $230,000 20621-2429 Sales which are qualified
12/01/1999 $0 19067-2443 Sales which are disqualified as a result of examination of the deed
07/01/1999 $165,000 18740-4869 Sales which are qualified
06/01/1994 $119,900 16396-3198 Sales which are qualified
For more information about the Department of Revenue's Sales Qualification Codes.
* The information listed below is not derived from the Property Appraiser's Office records. It is provided for convenience and is derived from other government agencies.
LAND USE AND RESTRICTIONS
OTHER GOVERNMENTAL JURISDICTIONS
Community Development District: NONE Community Redevelopment Area: NONE
Empowerment Zone: NONE Enterprise Zone: NONE
Urban Development: INSIDE URBAN DEVELOPMENT
BOUNDARY
Zoning Code: RM-3 -
Existing Land Use: 35 - MULTI-FAMILY, HIGH DENSITY
(OVER 25 DU/GROSS ACRE).
Government Agencies and Community Services
Business Incentives Childrens Trust City of Miami Beach Environmental Considerations
Florida Department Of Revenue Florida Inland Navigation District PA Bulletin Board Non-Ad Valorem Assessments
School Board South Florida Water Mgmt District Tax Collector
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& Title
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Tax Estimator
Tax Comparison
Appealing your
Assessment
Reports
46. Department of State / Division of Corporations / Search Records / Detail By Document Number /
Document Number
FEI/EIN Number
Date Filed
Effective Date
State
Status
Detail by Entity Name
Florida Limited Liability Company
BLUE ALEX LLC
Filing Information
L13000132107
80-0951405
09/18/2013
09/18/2013
FL
ACTIVE
Principal Address
1395 BRICKELL AVE
Suite 650
MIAMI, FL 33131
Changed: 02/10/2016
Mailing Address
CIO Management LLC
1395 Brickell Ave
Suite 650
Miami, FL 33131
Changed: 02/10/2016
Registered Agent Name & Address
CIO Management LLC
CIO Management LLC
1395 Brickell Ave
Suite 650
Miami, FL 33131
Name Changed: 03/19/2015
Address Changed: 02/10/2016
Authorized Person(s) Detail
Name & Address
Title MGRM
CALLAWAY ASSETS LIMITED
DIVISION OF CORPORATIONSFlorida Department of State
47. CIO Management LLC
1395 Brickell Ave
Suite 650
Miami, FL 33131
Annual Reports
Report Year Filed Date
2015 03/19/2015
2016 02/10/2016
2017 03/30/2017
Document Images
03/30/2017 -- ANNUAL REPORT View image in PDF format
02/10/2016 -- ANNUAL REPORT View image in PDF format
03/19/2015 -- ANNUAL REPORT View image in PDF format
04/27/2014 -- ANNUAL REPORT View image in PDF format
09/18/2013 -- Florida Limited Liability View image in PDF format
Florida Department of State, Division of Corporations
48. Search the full Offshore Leaks database SEARCH
Connected to 1 officer
Connected to 1 intermediary
Incorporated: 14-AUG-2013
Registered in: Bahamas
Data from: Bahamas Leaks
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52. When buying real estate property, you should not assume that property taxes will remain the same. Whenever there is a
change in ownership, the assessed value of the property may reset to full market value, which could result in higher property
taxes. Please use our Tax Estimator to approximate your new property taxes.
The Property Appraiser does not send tax bills and does not set or collect taxes. Please visit the Tax Collector's website
directly for additional information.
Address Owner Name Subdivision Name Folio
5601 collins ave 1109 Back to Search Results
Folio: 02-3211-062-1120
Sub-Division:
THE PAVILION CONDO
Property Address
5601 COLLINS AVE UNIT: 1109
Miami Beach, FL 33140-2456
Owner
SMART INVEST CO LLC
Mailing Address
9130 S Dadeland Blvd Ste 1509
Miami, FL 33156-7850
Primary Zone
4100 MULTI-FAMILY - 101+ U/A
Primary Land Use
0407 RESIDENTIAL - TOTAL VALUE :
CONDOMINIUM - RESIDENTIAL
Beds / Baths / Half 1 / 1 / 1
Floors 0
Living Units 1
Actual Area
Living Area 930 Sq.Ft
Adjusted Area 930 Sq.Ft
Lot Size 0 Sq.Ft
Year Built 1968
Zoom
Map View Layers
2016 Aerial Photography
200ft
53. Featured Online Tools
Comparable Sales Glossary Non-Ad Valorem Assessments
PA Additional Online Tools Property Record Cards Property Search Help
Property Taxes Report Discrepancies Report Homestead Fraud
Tax Comparison Tax Estimator TRIM Notice
Value Adjustment Board
Year 2016 2015 2014
Land Value $0 $0 $0
Building Value $0 $0 $0
Extra Feature Value $0 $0 $0
Market Value $328,260 $328,260 $266,880
Assessed Value $264,251 $240,229 $218,390
2016 2015 2014
COUNTY
Exemption Value $0 $0 $0
Taxable Value $264,251 $240,229 $218,390
SCHOOL BOARD
Exemption Value $0 $0 $0
Taxable Value $328,260 $328,260 $266,880
CITY
Exemption Value $0 $0 $0
Taxable Value $264,251 $240,229 $218,390
REGIONAL
Exemption Value $0 $0 $0
Taxable Value $264,251 $240,229 $218,390
Benefit Type 2016 2015 2014
Non-Homestead Cap Assessment Reduction $64,009 $88,031 $48,490
Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional).
54. The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on
record. The Property Appraiser and Miami-Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidad
e.gov/info/disclaimer.asp
For inquiries and suggestions email us at http://www.miamidade.gov/PAPortal/ContactForm/ContactFormMain.aspx.
Version: 2.0.3
THE PAVILION CONDO
UNIT 1109
UNDIV 0.0024475 %
INT IN COMMON ELEMENTS
OFF REC 16366-0389
OR 20659-2915 0902 1
Previous Sale Price OR Book-Page Qualification Description Previous Owner 1
08/03/2009 $100 26979-0087 Corrective, tax or QCD; min consideration NORBERTO IGNATTI
06/15/2009 $270,000 26907-4724 Qual by exam of deed JOSE E DE LA HOZ &W GISELA
09/01/2002 $246,000 20659-2915 Sales which are qualified
05/01/1994 $118,900 16396-3423 Sales which are qualified
For more information about the Department of Revenue's Sales Qualification Codes.
* The information listed below is not derived from the Property Appraiser's Office records. It is provided for convenience and is derived from
other government agencies.
LAND USE AND RESTRICTIONS
OTHER GOVERNMENTAL JURISDICTIONS
Community Development District: NONE Community Redevelopment Area: NONE
Empowerment Zone: NONE Enterprise Zone: NONE
Urban Development: INSIDE URBAN
DEVELOPMENT
BOUNDARY
Zoning Code: RM-3 -
Existing Land Use: 35 - MULTI-FAMILY,
HIGH DENSITY
(OVER 25
DU/GROSS ACRE).
Government Agencies and Community Services
Business Incentives Childrens Trust City of Miami Beach
Environmental Considerations Florida Department Of Revenue Florida Inland Navigation District
PA Bulletin Board Non-Ad Valorem Assessments School Board
South Florida Water Mgmt District Tax Collector
55. Department of State / Division of Corporations / Search Records / Search By Entity Name /
Next List
Search
Next List Entity Name Search
Search
Entity Name List
Corporate Name Document Number Status
SMART INVEST LLC L17000046227 Active
SMART INVEST ADVISORS LLC L02000000056 INACT
SMART INVEST CAPITAL LLC L10000125413 NAME HS
SMARTINVEST CAPITAL LLC L10000125413 NAME HS
SMART INVESTIGATIONS, INC. P94000025545 INACT
SMART INVESTIGATIVE GROUP, INC. P04000117296 INACT
SMART INVESTING INC P14000096857 Active
SMARTINVEST INTERNATIONAL REALTY, LLC L08000108694 INACT
SMART INVESTMENT LLC L05000032383 INACT
SMART INVESTMENT LLC. L14000072643 Active
SMART INVESTMENT CORP. L60061 INACT
SMART INVESTMENT & ASSOCIATES, INC. P05000061074 INACT
SMART INVESTMENT ASSOCIATION CORP P18000002087 Active
SMART INVESTMENT CONSULTING, LLC L11000113053 RPEND/UA
SMART INVESTMENT FIRM INC P06000132675 INACT
SMART INVESTMENT GROUP LLC L07000067958 INACT
THE SMART INVESTMENT GROUP,LLC L11000053349 INACT
SMART INVESTMENT GROUP CORP. P04000062309 INACT
SMART INVESTMENT GROUP, CORP. P06000119527 INACT
SMART INVESTMENT GROUP MDC, LLC L16000189606 Active
Florida Department of State, Division of Corporations
DIVISION OF CORPORATIONSFlorida Department of State
58. VIA: FAX and EMAIL
March 5, 2018
Bruce A. Campbell
Condominium Ombudsman
Division of Florida Condominiums
1940 North Monroe Street
Tallahassee, FL 32399-1030
Phone: (850) 922-7671
Fax: (850) 488-3395
Email: ombudsman@dbpr.state.fl.us
RE: DIANA ZAYAS-BAZAN CONFLICT OF INTEREST, FAILUTE TO CONDUCT A PROPER AND LEGAL ELECTION
Dear Mr. Campbell,
I am the owners’ representative of the petition that we sent to your office which resulted in your assignment of
DIANA ZAYAS-BAZAN (“ZAYAS-BAZAN”) as monitor on January 16th, 2018 for the election held on Friday,
February 2, 2018 at the PAVILION CONDOMINIUM ASSOCIATION OF MIAMI BEACH, INC., (“ASSOCIATION”) for
the board of directors.
Immediately after your letter was received, I informed your Fort Lauderdale’s office in writing and by telephone of
our concerns and rejection of the appointment of ZAYAS-BAZAN due to her “conflict of interest” with Becker and
Poliakoff, law firm, having been an employee from the year 2005 to September, 2017. I was informed by the
Ombudsman’s office, that Ms. Zayas-Bazan left her position in bad terms with the law firm and not to worry.
Nonetheless, our opinion was not taken into consideration and ZAYAS-BAZAN was appointed anyway.
I am attaching the document we have prepared: ALLEGATIONS OF MISCONDUCT PAVILION CONDO ELECTIONS
2/2/2018 (“ALLEGATIONS”.) I am also attaching the document named 2018-Pavilion Monitor Report prepared by
ZAYAS-BAZAN (“MONITOR’S REPORT”.)
We conducted a “post-mortem” inspection of official elections documents over two days from February 20
through February 21, 2018. We made copies of all ballot envelopes, voting certificates, ballots, proxies and other
material provided to us. The Association billed us $576.50 for 2,306 copies. We also have over five (5) hours of
video recording from the Board Elections to back up our allegations.
We have discovered that ZAYAS-BAZAN conducted the election even though the required minimum of “Proxies” to
hold an election was not attained as required by the Association’s Bylaws. We have accounted for 47 written
proxies and at most 30 members physically present at the meeting. For a total of 77 units represented. We
needed 50% of the total voting interest of 408 units, 350 of which are residential. ZAYAS-BAZAN does not
mention if quorum was reached in her report. See attached ALLEGATIONS.
In our Election Records Inspection, we reviewed the outer envelopes, inner envelopes, ballots, Voting Certificates,
Proxies and all Condominium Voting Materials Packages mailed and returned.
The Table below will show the discrepancies between our findings and the Official Election Monitor’s Report by
DIANA ZAYAS-BAZAN.
59. Letter to Ombudsman Bruce A Campbell regarding ZAYAS-BAZAN
2
MONITOR, DIANA ZAYAS BAZAN’S
ELECTION RESULTS
PETITIONER, PRISCILLA SUAREZ
ELECTION RECORDS INSPECTION
Ballot Pre-Validation Total Units: 442 Ballot Pre-Validation: 408 Units (Condo Roster)
Total Outer Envelopes Received: 245 Total Outer Envelopes Found: 260
Outer Disregarded: 13 Outer Disregarded Found: 15 + 1 Unattended
Total Inner Envelopes Received: 232 Total Inner Envelopes Found: 244
Inner Disregarded: 0 Inner Disregarded Found: 0
Total Ballots Received: 231 Total Ballots Found: 244
Ballots Disregarded: 0 Ballots Disregarded: 0
Association’s CAM Manager: Dante Chiabra Association’s CAM Manager: NOT IN ATTENDANCE
We found 260 outer envelopes, whereas, ZAYAS-BAZAN’S report states 245 of which 15 were stamped
“DISREGARDED”. Ms. Zayas-Bazan states in her report that 135 outer envelopes did not follow proper voting
procedure and rejected them. Then she went on to allow attorney, Mr. Gongora from Becker & Poliakoff, to
validate the rejected outer envelopes which we found to have “serious violations, including forgery of
signatures”, all of which ZAYAS-BAZAN should have stamped “DISREGARDED” and chose not to do so. Of the 135
outer envelopes, we found 67 with no Voting Certificates or signature match.
In the MONITOR’S REPORT ZAYAS-BAZAN clearly states:
“The Associations’ Attorney, Michael Góngora, confirmed the Voting Certificate requirements and
informed the Monitor that “No rights were suspended.” During the voter verification process, there were
approximately 135 “questionable” outer envelopes of which the majority were entities. The Association’s
Attorney, Michael Gongora, informed the Election Monitor that “as long as there was a voting certificate
on file, we would accept the entities”. Therefore, all qualified record owner ballots received were
accepted.”
We believe that ZAYAS-BAZAN acted irresponsible and did not discharge her duties independently as required.
ZAYAS-BAZAN violated the Association’s Bylaws and FS-718. Although she discovered 135 suspicious envelopes
according to the MONITOR’S REPORT, she willfully sought and relied on the decisions of Mr. Góngora of Becker
and Poliakoff, to allow 121 of these envelopes to count for the elections.
Let us not forget that ZAYAS-BAZAN was an employee of Becker and Poliakoff until September, 2017 and this
conflict of interest was evident in this election. Further, ZAYAS-BAZAN failed to check all the signatures on the
outer envelopes against the voting certificates, therefore aiding and abetting to the violations of Bylaws, Florida
Statute 718 and other illegalities that occurred on this elections.
ZAYAS-BAZAN was ill-prepared and lacked access to the websites of the Miami-Dade Property Appraiser and
SUNBIZ.ORG to verify ownership of the units and find who the persons were authorized to sign the voting
certificate in case the unit was under an entity or owners with different last names. An owner-candidate was
asked by Zayas-Bazan to fetch his laptop from his unit for ZAYAS-BAZAN to access the websites of the Property
Appraiser Sunbiz to verify proper ownership and signatures. At this point, she asked if anyone objected to use the
laptop, of which everyone agreed. While Zayas-Bazan was using the laptop, the board president, Mr. Osvaldo
Valino, and Michael Góngora of Becker & Poliakoff objected. This can be seen in the video recording of the
meeting. We have counted over 210 LLCs or CORPS out of 408 units (350 residential units.) which needed voting
certificates.
60. Letter to Ombudsman Bruce A Campbell regarding ZAYAS-BAZAN
3
Below other highlights of ZAYAS-BAZAN actions and shortcomings during this election:
ZAYAS-BAZAN accepted and allowed multiple duplicate envelopes to vote having the same Unit number
and the same owner name.
Before the ballots were counted, ZAYAS-BAZAN addressed the owners announcing that over 100 ballots
were rejected for not following proper election procedures.
ZAYAS-BAZAN announced that out of the 245 outer envelopes received only 14 were disregarded
because of the help of Mr. Góngora and Ms. Polanco.
Mr. Góngora was allowed to sit besides ZAYAS-BAZAN at the table for most of the over five-hour election.
This should not have happened.
ZAYAS-BAZAN repeatedly thanked the assistance of Becker & Poliakoff’s attorney, Michael Góngora, and
Yessenia Polanco referred to as Manager (she a First Service Residential office employee) because of their
“help” ZAYAS-BAZAN was able to disregard only 14 votes (of which one vote omitted a ballot).
Ms. Polanco does not have a CAM license.
ZAYAS-BAZAN failed to use the membership list and voting certificates to make sure that those 135
envelopes were not fraudulent. Instead, she relied on two persons who have personal and professional
interests to maintain the board led by Mr. Valino for a sixth year term.
Mr. Góngora used every opportunity to refer to the Pavilions owners as disagreeable. ZAYAS-BAZAN
should not have allowed this to happen. ZAYAS-BAZAN lost control of the elections.
Mr. Rementeria, a State Election Monitor for our 2014 Board Election was present at the 2018 election,
stated he was “an overseer for the elections”. Mr. Rementeria was not contracted by the Ombudsman’s
Office to serve as “an overseer” for the Pavilion’s Board Elections. Mr. Rementeria was also hired directly
by Mr. Valino for the past election years to project an image of legitimacy.
At the expense of the owners, the following people were hired by the Board to be at the Elections:
Diana Zayas-Bazan, rightfully petitioned
Mr. Rementeria, hired by Board President, Mr. Osvaldo Valino
Michael Gongora of Becker & Poliakoff, law firm, by Mr. Osvaldo Valino
Signature Analyst Hired by the Board President, Mr. Osvaldo Valino
Two First Service Residential, Association office employees
Board President, Osvaldo Valino, visibly showed most of the owners at the Elections a copy of the
signature of one of the candidates as to discredit the validity of his signature. This prompted Mr. Gongora,
to address the owners to explain that an handwriting expert had been hired to analyze the signature of a
candidate SHOULD HE WIN THE ELECTIONS.
The sister representative of the candidate, complained out loud about the wrong doing of Mr. Osvaldo
Valino. When she approached and reported the incident to the Election Monitor, Diana Zayas-Bazan, she
directed the sister to describe the incident in writing and to submit it to her to include in her report.
ZAYAS-BAZAN DID NOT INCLUDE THIS NOTE IN THE MONITOR’S REPORT.
Apparently, Mr. Gongora does not follow proper Election procedure, if he has to wait for the Election
results before confirming an owner’s signature. Ms. Zayas-Bazan also missed this proper Election
procedure.
61. Letter to Ombudsman Bruce A Campbell regarding ZAYAS-BAZAN
4
The reference to the above candidate is Antoine Saati who never received his mailed Condominium
Voting Material Package, as other owners didn’t. Upon requesting his package from the Office, the
employees provided another package belonging to CU40. Mr. Saati insisted on receiving his own Voting
package and was lied to by an Office employee stating that the package was returned by themailman and
supposedly place under his door by Security. However, during our Election Records Inspection, amazingly
we discovered Mr. Saati’s Voting Package in the office.
This board failed to include in the Condominium Voting Material Package a VOTING CERTIFICATE
necessary for proper Election procedure, and this was intentional! When I informed the Election Monitor
of the omission of a Voting Certificate in our election packages, she confirmed the Voting Package the
board sent her, included a Voting Certificate.
Last, but not least, Ms. Zayas-Bazan failed largely to report the visible red star stamp, red ink dots on
many outer envelopes and blue ink dots on many more. These symbols were placed on the upper hand
corner of the outer envelopes. What was the purpose of isolating outer envelopes with these symbols?
Why was this ACTIVITY not reported by the Election Monitor?
We respectfully ask that ZAYAS-BAZAN be reprimanded and suspended from being assigned by your office on
behalf of the State of Florida’s until you conclude an investigation on this matter.
We respectfully request that this election be declared invalid, void and null. This board should be REMOVED and
NEVER ALLOWED TO BE ON THE BOARD AGAIN! The election fraud we have found is overwhelming especially
when a deceased owner since 2010 miraculously rose to vote on February 2,
2018.
Sincerely,
Priscilla Suárez
5601 Collins Ave Unit 1006
Miami Beach, FL 33140
Tel: 305-861-8901
Email: prissua@att.net
62. The Pavilion Condominium Association of Miami Beach, Inc.
Election Monitor Report
1
February 2, 2018
To: Board of Directors (VIA EMAIL)
Re: Election Monitor Report for The Pavilion Condominium Association of Miami Beach, Inc.
Location: The Pavilion Condominium Association of Miami Beach, Inc.
5601 Collins Avenue, Miami Beach, FL 33140
The Annual Election Meeting was held on Friday, February 2, 2018, at The Pavilion Condominium Association of Miami Beach, Inc., at
the Association’s Social Room. The Association’s Attorney, Michael Gongora, opened the meeting at 6:24 PM and introduced the
Election Monitor, Diana Zayas-Bazan.
In attendance were: Osvaldo Valino, Ena Hernandez-Leal, Jose Sardinas, Ariel Garbarz, (Board Members/Candidates): Pierre Crego,
Dorita C. Fernandez, Ariel Garbarz, Angel L. Giannotti, Ana M. Menendez, Jorge Rodriguez, Antoine Saati, Georgina C. Serio, Lourdes
C. Soler, and Rebecca Varona-Azcuy (Candidates); Priscilla Suarez (Petitioner). Also in attendance were the Association’s First Service
Residential Management Team: Yessenia Polanco (the authorized contact, Franceys Diaz and Ana Rodriguez and a privately contracted
Election Monitor, Tom Renteria.
Owners: Jorge Prendes (616) Adriana Brice (1414 & 1516), Mayte Prendes (616), and Maria Jose Duarte (1024), volunteered to assist
on the Impartial Committee. There were approximately thirty (30) owners in attendance of which included the Board and the Impartial
Committee. Pre-validation began at 6:39 PM, polls were closed at 8:13 PM, and the election ended at 12:12 AM.
A total of two hundred forty-five (245) Ballots were received from the four hundred and forty-two (442) Unit Owners; and sixteen (16)
Candidates competing for seven (7) Vacancies. After the meeting was called to order the Election Monitor, the Election Monitor’s
assistant, and the Owner Volunteer(s) formed the Impartial Committee to perform the election-qualified voter verification and ballot
counting duties under the Election Monitor’s procedural direction and observation by the Membership present. The Association’s
authorized contact, Yessenia Polanco, provided the Election Monitor with a current list of Qualified Voters and several Binders with
voting certificates that was used for voter verification, along with a list of unit owners obtained from the Property Appraiser’s website.
During the voter verification phase of the election thirteen (13) Outer Envelopes were disregarded due to: Five (5) No VC, (1) Received
Taped, one (1)Duplicate and Not Record Owner, two (2) Not Record Owner, four (4) Signature (not signed by Designated Voter on VC);
zero (0) Inner Envelopes were disregarded, and zero Ballots were disregarded.
The Associations’ Attorney, Michael Gongora, confirmed the Voting Certificate requirements and informed the Monitor that “No rights
were suspended.” During the voter verification process, there were approximately 135 “questionable” outer envelopes of which the
majority were entities. The Association’s Attorney, Michael Gongora, informed the Election Monitor that “as long as there was a voting
certificate on file, we would accept the entities”. Therefore, all qualified record owner ballots received were accepted.
During the opening of the outer envelopes process, one outer envelope was received with an inner envelope, however there was no
ballot in the inner envelope. The Election Monitor personally informed the record owner (who was present).
At some point during the election process period, the Election Monitor was approached and informed of some concerns that the some
owners wanted in the report. The Election Monitor requested that they write down the concern(s).
Please refer to pages 2 for election details.
All election materials were placed in the custody of the Association’s authorized contact, Yessenia Polanco, for the required one-year
retention.
Should you have any questions feel free to contact me directly.
Respectfully Submitted,
Diana Zayas-Bazan
Election Monitor
954.937.0385|Diana.ElectionMonitor@gmail.com
63. The Pavilion Condominium Association of Miami Beach, Inc.
Election Monitor Report
2
Election Results for The Pavilion Condominium Association of Miami Beach, Inc.:
Candidates Votes
Bachetti, Horacio 163
Crego, Pierre 5
Fernandez, Dorita 61
Garbarz, Ariel 167
Gianotti, Angel 59
Leal, Ena 182
Mei, Carlos 173
Menendez, Ana 40
Rodriguez, Jorge 37
Saatl, Antoine 58
Sardinas, Jose 168
Schell, George 59
Serio, Georgina 53
Soler, Lourdes 141
Valino, Osvaldo 187
Varona-Azcuy, Rebecca 56
Elected Board of Directors
Ballot Pre-Validation
Total Units: 442
Total Outer Envelopes Received: 245
Outer Disregarded: 13
Total Inner Envelopes Received: 232
Inner Disregarded: 0
Total Ballots Received: 231
Ballots Disregarded: 0
Maximum Possible Votes: 3094
Votes Cast: 1609
Associations Attorney: Michael Gongora, Esq.
Associations CAM Manager: Dante Chiabra
Associations Authorized Contacts: Dante Chiabra & Yessenia Polanco
Report Recipients: Priscilla Suarez; Yessenia Polanco; Dante Chiabra;
64. The Pavilion Condominium Association of Miami Beach, Inc.
Election Monitor Report
3
Condominium Ombudsman
