March 24, 2004
Islands Bar Association
Post Office Box 4108
St. Croix, VI 00822-4108
Ladies and Gentlemen:
Please refer to my VIRGIN ISLANDS BAR ASSOCIATION GRIEVANCE FORM dated March 8, 2004, subject: Andrew L. Capdeville.
This letter contains additional information to support my March 8, 2004 application.
The following is additional information on the dishonest activities of Andrew L. Capdeville:
George R. Simpson and Bill Dzio, both Sapphire Bay Condominium West (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 auditing the books on March 12, 2004. George Simpson was prevented from conducting the audit. There was no explanation of why Mr. Dzio was allowed to conduct the audit, and Mr. Simpson was prevented from conducting an audit.
On March 12, 2004 and March 13, 2004, Frank Barry provided George Simpson with letters from each of the five SBCW Board members (attached hereto). Four out of five of the letters refer to Attorney Capdeville’s letter dated March 11, 2004, (They would not provide George Simpson with a copy of that letter from Attorney Capdeville).
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 the Condominium Act of the Virgin Islands.
It is hard to imagine that each of five SBCW Board Members, with advice from a “lawyer” could be so ignorant of the VI Condominium Act.
Attorney Capdeville is a danger to the SBCW owners, the Association, and SBCW Board of Directors, who have paid for advice. His advice has resulted in the Association breaking the law in preventing George Simpson from auditing the books. It is George Simpson’s right as an owner to audit the books, under the Condominium Act.
Attorney Capdeville has really lost it (if he ever had it). He should be forbidden from practicing law -- to protect others and himself.
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.”
Very truly yours,
George R. Simpson