Lawyer Lies, Five Board Members Swear to It -- SBCW Board Unlawfully Denies Rights to OwnerWhat are the SBCW Board Members Hiding??
George R. Simpson and Bill Dzio, both SBCW unit owners, made an appointment with Manager, Frank Barry, to audit the books of the SBCW Association. The appointment was for !:00PM on Wednesday March 10, 2004. But Frank Barry did not make himself available until about 3:00PM. At about 4:45PM, having only viewed and discussed "non books" items, they left the office, making an appointment with Frank Barry to begin the audit of expenses and income on Friday, March 12, 2004. On March 11, 2004, Frank Barry said that "The Board" had told him that Bill Dzio and George Simpson were not allowed to continue the audit. Frank Barry, did however allow Bill Dzio to spend 1 1/2 hours continuing his audit on March 12, 2004. George Simpson was prevented from continuing the audit. There was no explanation of why Mr. Dzio was allowed to continue the audit, and Mr. Simpson was prevented from continuing the audit.
On March 12, 2004 and March 13, 2004, Frank Barry provided George Simpson with letters from each of the five SBCW Board members. Four out of five of the letters referr to an attorney's letter dated March 11, 2004 (they would not provide George Simpson with a copy of that letter from Attorney Capdeville). This attorney had proven himself to be dishonest previously see Application to Disbar SBCW Lawyer Andrew L. Capdeville on this website.
All of the five letters from the SBCW Board members were wrong. Apparently, Attorney Capdeville, in his letter, advised that an owner could only look at audited yearly statements and the monthly financial statements (unaudited). If attorney Capdeville said that, he was lying. He could not have been that ignorant of the SBCW By-laws and that ignorant of the Condominium Act of the Virgin Islands.
It is hard to imagine that each of five SBCW Board Members and the Board's lawyer could be so ignorant of the SBCW By-laws and that ignorant of the VI Condominium Act. Why would the SBCW Board pay attorney Capdeville to provide defective advice to prevent George Simpson from auditing the books -- which is his right under the Condominium Act and the SBCW Bi-laws.
Section 919 of the VI Code, Condominium Act "Books of receipts and expenditures; availability for examination; annual audit
"The manager or Board of Directors, as the case may be, shall keep detailed, accurate records in chronological order, of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and facilities and any other expenses incurred. Such records and the vouchers authorizing the payments shall be available for examination by the apartment owners upon reasonable notice in advance at convenient hours of week days. An annual audit by an independent auditor shall be made of the books and records."
The By-laws of SBCW has a section(click here) alowing audit of the books of the association, but the Condominium Act takes precedence when there is a conflict. In this case, Section 919 of the VI Code, Condominum Act applies over the clause in the SBCW By-laws(click here) .
See the letters which unlawfully prevent George R. Simpson from auditing the books of SBCW.