Conservative PSJ, US

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Warning! If you are easily offended you may not wish to read further. I tell you THE TRUTH here and I have the PROOF to back up what I say. So, if you think the world should be nicey-nicey and we should "all just get along," tell that to the liars who are out there slandering me. This is just the beginning of my fight. There is more that I will not yet disclose. I'll let them sweat a bit first.

Background: The PSJHOA filed its latest PSJHOA corporate papers with the Department of State on May 13, 2004. Notice what it says at the top of the page, "2004 Not-For-Profit Corporation Annual Report (AR)". Also, notice by whom it is signed, Doris Jean Olson, the Registered Agent of the Port Saint John Home Owners Association, Inc. This makes it official that the Board of Directors, of which Doris Jean Olson is a member (as well as being the Treasurer), acknowledges that they are a Not-For-Profit Corporation. And as such, they are subject to State Statutes; including and especially State Statute 617, "Corporations Not For Profit."

Background: The PSJHOA Articles of Incorporation (of which I have a copy that I received from Helen Dezendorf in 2003 while I was working on the ByLaws Committee) state:

"ARTICLE 3: MEMBERSHIP
"(A) The membership of the corporation shall consist of bona fide home owners who live within the described area of Port Saint John.
"(B) Description: Port Saint John is locate approximately half way between Cocoa, Florida, and Titusville, Florida, in Brevard County; and specifically as shown on Brevard County Land Records as Port Saint John."

Background: The OLD ByLaws of the PSJHOA state:

3.3 A member shall be defined as follows:
a) Owner, resident or tenant of residential property of the described are of Port Saint John who is current in payment of dues.

Background: The NEW ByLaws of the PSJHOA state:

3.3 Membership shall be defined as follows:
a)Regular membership is afforded to any Owner, resident or tenant of residential property in Port Saint John, as described in Article 3.4, who is not delinquent in payment of dues.

Background: The OLD ByLaws state:

3.2 In the event of a basic contradiction between these By-Laws and Articles of Incorporation, the Articles of Incorporation shall be the governing authority.

Background: The NEW By-Laws state:

3.2 In the event of a basic contradiction between these by-laws and the Articles of Incorporation, the by-laws shall be the governing authority.

Background: The OLD By-Laws state:

12.4 The By-Laws of this corporation shall be made, altered, and rescinded by:
a) A two-thirds (2/3) vote of all members present at a meeting containing a quorum of the membership.
b) A quorum of at least thirty-five (35) members in attendance at a meeting.
c) A quorum in this section shall be for the purpose of this Article only. It shall not refer to any other quorums listed herein.

Background: The NEW By-Laws state:

9.6 For by-law changes or amendments, a quorum shall consist of no less than thirty-five (35) regular members.

On August 10, 2004, the PSJHOA committed the final outrage against me. After trying to silence me with a stupid rule that infringes upon my free speech rights and prevents the truth from getting out, and -- I might add -- carries no mention of penalty after disobedience whatsoever, they tried to kick me out of the PSJHOA.

To this letter, Pete Costello (who received the same letter) and I responded with the following:

Mr. Warner & Mrs. Dezendorf
August 8, 2004

Your letters to Peter Costello and Linda McKinney, dated July 22, 2004, alleging revocation of their PSJHOA memberships and banishment of both, are without merit. Your actions against our membership status are petty, discriminatory and illegal.

Florida State Statute 617.0601(7), the Chapter on Not For Profit organizations, states that Home Owners Corporations may not revoke memberships. Reference:

Florida Statutes,
Not For Profit Corporations
Chapter 617.0601(7)

"Where the articles of incorporation expressly limit membership in the corporation to property owners within specific measurable geographic boundaries and where the corporation has been formed for the benefit of all of those property owners, no such property owner shall be denied membership, provided that such property owner once admitted to membership, shall comply with the terms and conditions of membership. Any bylaws, rules, or other regulations to the contrary are deemed void and any persons excluded from membership by such bylaws, rules, or other regulations are deemed members with full rights, including the right, by the majority, or as otherwise provided in the articles of incorporation, to call for a meeting of the membership."

Accordingly, Linda McKinney and Pete Costello are "members with full rights" because we have abided by the terms and conditions of membership outlined in the bylaws: to wit; reside in the area and are not delinquent on our dues.

Your letters accuse us of "publishing the minutes of our [PSJHOA's] last board meeting in the PSJBulletin". Your accusation is fabricated. We neither possess nor have access to PSJHOA Board minutes. We published a brief report detailing Mr. Warner's request to the Sheriff to have Linda McKinney ejected for taking notes. Our report described the manner in which Mr. Warner humiliated himself and disgraced the PSJHOA.

Your letter also declared that the "Board" declined the PSJ Bulletin's generous offer of $100.00 in prizes for children attending the National Neighborhood Nite. How petty! You only hurt the kids. Headlines should declare: "PSJHOA Board declines gifts for PSJ children!"

You state in your letters that we have a "lack of regard for the rules and wishes of the board and the members." Your accusation is wrong again. However, your actions demonstrate disregard for the law: State Statute 617, as well as the First Amendment (US Constitution; the Free Speech clause).

Much PSJ history over the past decade has revolved around the HOA. A considerable number of beneficial projects and initiatives have had their genesis from the HOA. However, some of the tyrannical behavior exhibited during the incorporation battle is again showing its ugly face in the PSJHOA. Rules have been made to target those who might challenge HOA activities or viewpoints. On issues such as the proposed desalination facility and Titusville's supposed twenty-six (26) traffic signals on Grissom Blvd, you are stating your position before any evidence is available, and once again, you are using scare tactics to sway public opinion.

It is time for the HOA to be honest and held fully accountable for all of its activities. Secret meetings, discrimination, scare tactics, and arrogance do not serve our community. Persisting with these tactics will ultimately torpedo the PSJHOA.

Pete Costello and Linda McKinney will attend the meeting scheduled on August 10, 2004 at the PSJ Library. You are required by State Statute 617 to regard us with the same respect due all members.

Questions should be referred to our attorney, Mr. William L. Powell, of Titusville.

PSJHOA Members,
Linda McKinney,
Pete Costello,

Cc: Ed Warner, Helen Dezendorf, Randy Rodriguez, DJ Olson, Vicki Smith, Gay Keebler, Larry King, Bob Lewis, Greg McComas, Jay Phillips, General Members-PSJHOA (to be read aloud), Florida Today, Brevard Insider, PSJ Bulletin, Bob Allen, Mayor Ron Swank, Comm. Truman Scarborough, Comm. Jackie Colon, Comm. Ron Pritchard, Comm. Sue Carlson, Comm. Nancy Higgs

It was during this meeting that Helen Dezendorf slandered me for ninety (90) minutes. She spent practically the entire meeting slandering me. She also slandered Pete Costello, but not as much as she focused her hatred and loathing on me. According to my friend's notes, Helen said things like (NOT direct quotes, paraphrased),

We have a serious matter that should only be presented to the members. So far the Board has handled it, but because it has been publicized, we need to inform you of what has happened. We had to do it tonight because I'm having knee surgery and won't be at the next meeting. Normally we have a policy that anyone who is interested in our organization is welcome and membership is not required. We are a not for profit corporation with dues-paying members.

Helen went on to say (paraphrased):

This matter tonight is a legal issue of speaking against someone, which carries a liability. We don't want to spread gossip.

Officers and directors of certain corporations and associations not for profit; immunity from civil liability.
(1)An officer or director of a not for profit organization recognized under s 501(c)(4)or s. 501(c)(6) of the Internal Revenue Code of 1986 as amended, or of an agricultural or a horticultural organization recognized under s. 501(c)(5), of the Internal Revenue Code of 1986, as amended, is not personally liable for monetary damages to any person for any statement, vote, decision, or failure to take an action, regarding organizational management or policy by an officer or director, unless:

3. Recklessness or an act or omission which was committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

My friend's notes go on to say that Helen said (paraphrased):

I want to start at the beginning. I'm going to read you all the facts. In February Lindy McKinney, the V.P., discovered that Kellison and I had a meeting with "(?)" about [the] Tour de Port St John. She claims I went behind her back and wrote me this email. (She reads it aloud and proceeds to defend herself making Lindy look ridiculous.)

To which I respond: This didn't start in February with the Tour de Port St. John. It started back in 2002, that's why I have my notes from the last quarter of 2002 posted on my site. I started keeping an eye on the PSJHOA back then, publishing the truth about them then. As to the Tour de Port St. John, I have the e-mails and anyone can have the whole kit and kabbodle if you want to see them, I'll forward them to you. But in the meantime, I can state unequivocally, that this is the timeline as I was aware of it:

TOUR DE PORT ST. JOHN:

• Idea mentioned to PSJHOA Board then membership in November, 2003.
• Idea mentioned to membership again in January 2004. Membership voted to sponsor Tour. I was asked to "spearhead" the efforts.
• After a month's worth of trying to coordinate our schedules, I met with Lt. John Mellick, of the Brevard County Sheriff's Office, February 10, 2004.
• Membership voted February 10, 2004 to move date to March 20, 2004.
• Was contacted via telephone by Ed Warner February 11, 2004 asking me if Dep. Vicki of the CPU (Community Policing Unit) had contacted me because she can't "get it third hand" from Lt. Mellick. I said no, I had not been contacted by Dep. Vicki.
• February 11, 2004: I contacted Dep. Vicki via telephone and arranged to deliver a map of the route and a "letter of intent" the following day.
• I delivered map and letter to Dep. Vicki, February 12, 2004.
• February 13, 2004: got phone call from Ed Warner but was not home to talk to him. Returned too late to call him, so didn't return his call.
• February 14, 2004: Ed Warner called again with same question as previous day's: How did it go with Dep. Vicki? I told him that it went okay.
• February 16, 2004: Board of Directors' meeting: we discuss more particulars about Tour de PSJ. No one mentions insurance nor liability.
• February 18, 2004: Got phone call at 8:15 PM from Helen Dezendorf telling me about a meeting she and Ed Warner had with Lt. Kellison of BCSO about the Tour. Meeting arranged by Dep. Vicki and Helen found out the previous evening about it. I was not invited, not contacted about it until after it happened, even though Helen had almost 24 hours to notify me of the meeting. Helen said she didn't know I hadn't been invited. (Who did she ask to tell me that?) Helen said the Tour route was changed, the insurance liability problems would be HOA problems; that Lt. Kellison was unhappy with almost whole thing. From 7.6 and 6 mile routes, Tour was changed to less than 3 and just a corner of PSJ; defeating whole purpose of even the word "Tour." Having spoken for an hour to Lt. Mellick about Tour, and hearing no problems from him, I had thought everything was going well. I didn't know we had to coordinate with a different Lt. in the BCSO. Nor did Lt. Mellick; he was as surprised about the meeting as I was.
• February 18, 2004: After considering liability issues and changes to Tour, decided it would probably be best for the PSJHOA not to hold event. Voiced my opinion via e-mail to other Board members.
• February 18, 2004: Received e-mail from Helen saying that I had an error in my e-mail's statements: Dep. Vicki set up the meeting, but did not attend the meeting.
• February 19, 2004: Sent corrective e-mail. Reiterated my opinion that HOA should not hold event.
• February 20, 2004: Received e-mail below from Helen stating "If Lindy is not interested in spearheading this project, I'm sure we can get enough volunteers to pick up the slack." I wasn't asked if I wanted out; although it was assumed and I was pushed out while still willing via the uninvited meeting. IF I'm supposed to spearhead something, keep me in the loop. IF I'm supposed to be helping, let me do the job. Don't go behind my back and connive and scheme to do things like this. This makes two Board members look very small. And neither of them is me.

Well, that's the timeline I am aware of. As to what Helen read the membership of the e-mails from her to me, I don't know. IF she was going to give you all the facts, shouldn't she have read you what she said to me? But, be that as it may, I was angry about not being told about a meeting when they had almost 24 hours notice in which to do so. Someone should have checked with me, but no one did. I call that nothing short of callous, if not underhanded.

Helen then went on to talk about Pete Costello's offer of putting a PSJHOA page up on the PSJ Bulletin's website. He offered to post their newsletter monthly, and have meeting info (time, date, place, etc.) free of charge to the PSJHOA. She said the PSJHOA decided to do their own website and their decision didn't sit too well with them. Well, for her information, that's just fine with us. But if you're going to put up a website, at least make it useful, not like the one they had up then but is no longer available!

Helen went on to say that at the June [2004] meeting, that Pete and I went to the Board meeting and started talking and disrupted the whole meeting and that was why the Sheriff's Dept. was called. Excuse me, but weren't there Board members at the August 10th PSJHOA General Membership meeting? I remember seeing Gay Keebler, Bob Lewis and DJ Olson (Helen, of course) and others at the Board meeting and at the August 10th meeting. Does Helen really think that they have no memory at all of what happened? Just to let the public know what happened, click here to read the first page of the PSJ Community Center's report about what happened that night; and here for the second page. You'll notice that Helen Dezendorf herself was listed as a witness and was one source of information. Notice also that the report never says that Pete and I took over the meeting. It says that I was taking notes. Just as my notes say. Proving I am telling the truth and Helen Dezendorf is not.

She says that the next day I posted on my website about what happened at the Board meeting. You're right, I did. First, it's an extraordinary event in America to have the Sheriff's Dept. called on you for taking notes at a meeting you are allowed to go to. Second, it's important that the people of PSJ know what their PSJHOA is doing. Third, it's important that my reputation not be further besmirched and the best way to do that is to make sure my side gets out there, too. She alleges that I took the page down a few days later. Not so. It went up and hasn't been down since.

Helen also alleges that the incident at the Community Center didn't cost the taxpayer anything. Not so. I was told that the report they had to write was going to go through so many layers of oversight and that they could be working on other things, and that this will cost them. Doesn't it cost the taxpayer to pay the employees to deal with the report instead of dealing with the other things their jobs require? Of couse it does. And the same for the Deputy. Yes, he has to be somewhere doing something, but not something that silly. And he had to be paid to deal with a ridiculous thing like someone taking notes.

Helen also said that I harassed a county employee to get a copy of the Community Center report. Not true. I called Dan Cook at the Community Center about it the following day, but he said it wouldn't be available until it was looked at up the line and Risk Management was finished with it. He told me to call them a few days later. I forgot until three weeks later and made the call to Risk Management. I told the person I spoke to about what happened and that I was wanting a copy of the report, but she said that she didn't know anything about it. She said she'd look it up and call me back. She called Dan Cook at the Community Center and talked to him about it. She then called me back and said that she's getting a copy of it faxed to her. After she checked it out, she said that it wasn't a Risk Management issue and she would send me a copy. So she did. She was very nice about it. I never harassed anyone to get that paper. It was very easy.

Helen said that I accepted Ed Warner's apology for being so angry and for calling the Sheriff's Dept. on me. I never received an apology from him, so I couldn't have accepted one. I heard excuses (bad day, other issues, etc.), but no apology. I never accepted something that wasn't given. As for forgiving him: yes, I did. However, that doesn't mean that the truth of his actions shouldn't be told. Living with the consequences of our actions is still something we have to live with, even when God forgives us. The teenage girl who goes out and has sex and gets pregnant and asks forgiveness is still pregnant. Ed Warner was proverbially still pregnant; forgiveness does not take away the act; it negates the sin for it. That's what I gave Mr. Warner.

As to the fact that I wrote an e-mail to her about the PSJ Bulletin not getting any acknowledgement: yes, I did write that e-mail. There's no denying that. But how did I write the article: the way Helen read it, with malice and venom, or as a calm statement of fact? I wasn't angry with Helen; I was asking for an explanation. The PSJ Bulletin had made an offer to buy $100 worth of prizes for the children to win in the games they played at the National Neighborhood Nite Out on the condition that the PSJ Bulletin receive the same acknowledgements and publicity as the other businesses contributing something. The PSJHOA agreed to our terms at the June Board meeting (after the Sheriff's Dept. left), and then Helen didn't publicize our contribution. Pete and I wanted to know what the PSJHOA intended to do to rectify the situation. I will forward the e-mail to you if you wish to see it. But it wasn't written in anger, malice, nor venom. Helen said it would have been two-faced of the PSJHOA to accept the prize offer from the PSJ Bulletin after revoking our membership.

Then Helen talked about the letter the PSJHOA sent to Pete Costello and I revoking our membership and breaking State Statute 617.0601(7). She said I broke the rules. No. They broke the rules. There is nothing in the "rule" they made up while they knew I would be on vacation that says that I would be kicked out if I did what they told me not to do. There is no punishment mentioned. Even if there were, they still could not revoke my membership according to State Statute 617 as quoted above in the letter to the PSJHOA from Pete Costello and I. And, do you realize that I have been taking notes and publishing them on my website for two years and that it didn't bother them until I was absent and they knew I would be away? I even published notes while I was Vice President and talked about my website while VP and no one said anything against it then. Kinda' funny, huh?

Helen made a fuss of making sure everyone knew that they had been so magnanimous as to not revoke the memberships of the spouses of Pete Costello and I; thus Pete's wife, Dana, was in the room. Guess who was taking notes for me...

Helen said (paraphrased):

Well, first of all, we are not a Home Owners Corporation that restricts its membership to home owners within a certain boundary. We don't fall under this statute. Our bylaws allow any owner, resident, tenant, or business owner to become a member. Secondly, it says right here, the member must comply with the terms and conditions of membership. They haven't done that! They have broken the rules. We run this organization by Robert's Rules, and they broke the rules, so they are no longer qualified to be members. And this is not the first time this has happened, so don't think this is a radical decision. We have had to remove other members who were disruptive.

Remember, above are the relevant passages of the By-Laws of the PSJHOA (old and new) and of the Articles of Incorporation. The State Statute says that the Articles of Incorporation have to say that they are set up to benefit the "property owners" of a certain geographical boundary and the Articles of Incorporatin say "bona fide home owners"; thus meeting the requirement. Even if the PSJHOA had set it up to allow business owners in the PSJ area to be members, it would still be under this provision because State Statute 617 covers all Not For Profit Corporations, and because the business ownwers in PSJ are "owners". Thus, falling under the same category as home owners.

As to the must comply with "the terms and conditions of membership"; I did. I posted the terms and conditions of membership of the By-Laws (old and new) above, so you can see I have met their requirements. My membership dues are due again in September and they will be paid. My membership revokation was totally illegal. And how does Roberts Rules effect my membership status when Roberts Rules are totally, explicitly and exclusively about decorum during a meeting? Who has the floor is not pertinent to my dismissal! And if they have done this before, I hope that person sues the PSJHOA also!

The notes continue with Helen saying (paraphrased):

I went on their website and one of the links says, "PSJHOA" Bad Behavior. And then they have a video with thunder and lightning. They are trying to make us look bad. We would have never said a word about it so as not to embarrass anyone. We are an organization that does good things for our community, but all they print is negative stuff. They keep mentioning incorporation tactics. Well, the HOA was impartial and had nothing to do with that battle.

The notes continue with Helen saying (paraphrased):

Lindy wrote an article about Neighborhood Night Out titled, "Tops or Flops?" She said nobody came. Well, we had over 400 people come, we fingerprinted dozens of children, gave out prizes, had lots of food, and people stayed until the very end. The only person she interviewed was Al Barrett, who was politicking for Jeff Rainey. Last year there were no politicians. It wasn't an election year, so why would there be politicians? This year we decided if we invited Truman Scarborough it could be called political. So we didn't invite any politicians. In the "Happenings" it said, "no politics, please". When Dan Cook saw Al Barret and Jeff Rainey there he approached Al and told him this is not a political event. Al told Dan they were invited, so Dan let it go. Lindy writes someone took me in the kitchen and gave me instructions to get rid of Rainey. Well, that's not how it was. Jeff Rainey was in conversation with someone so I went to Al and told him they would have to leave if they wanted to talk politics and he said "fine" and they left.

Then Helen goes into her martyr routine that she has used successfully for the past 18 months or so:

Lindy quotes Al as saying, "Well, Helen isn't typical of the fine people of PSJ." Well, that's damn right. I do a lot more, and give a lot more than most PSJ homeowners. I haven't asked for any reimbursement for all the time I've given, all the cookies I made, and refreshments I've brought to meetings. And any time you want me to step down, please just ask me. I'll be glad to oblige.

The notes continue with Helen saying (paraphrased):

I keep hearing about "freedom of speech"? I don't know how many times I've been over this. The fact that you open a website does not give you the right to say what you want to say. I never say I'm the voice of Port Saint John. I say I'm the voice, or I represent the members of the HOA.

Then Helen tries to infringe upon our Attorney/Client privilege with (paraphrased):

I called Mr. Powell and asked him if he wrote this letter. He said, absolutely not. I then said, "Did you tell them this was true?" He wouldn't answer me, and said he couldn't tell me what he and they had discussed, it was confidential. I said, "Well it says right here to call you if I had any questions." He said, "Have you read the statute?" I said, "No", and that was the end of our conversation.

And then to add insult to injury (and one more bad move on top of all the others), Helen prints the letter that the PSJHOA sent to Pete Costello and I in the PSJHOA newsletter and mentions our names, "On July 22, the following letter, signed by Helen Dezendorf and Ed Warner, was sent to Linda McKinney and Pete Costello:". And then the letter in toto was printed, and then, "The membership was made aware of this action at the August meeting, and was informed that, according to the by-laws, Article 7.4, the general membership has the authority to override the Board of Directors by simple majority of regular members in attendance (at a meeting where there is a quorum). (New Paragraph) "Because we were discussing these sensitive issues, the meeting was closed to the public."

NOTE: State Statute 617.0725 Quorum states:

An amendment to the articles of incorporation or the bylaws that changes or deletes a greater quorum or voting requirement must meet the same quorum or voting requirement and be adopted by the same vote and voting groups required to take action under the quorum and voting requirements prescribed in the provision being amended.

Did she really say that the membership has the right to override the Board? I have to ask and see if anyone remembers that. But I wonder, considering everything else that has transpired. But the thing that makes me go, "Hmmm..." the most is how stupid Helen must think the Board members are. They all received the same e-mails I sent Helen. Most attended some of the meetings that things happened in. And they all have memories of their own. How stupid, blind, forgetful and easily led she must believe them all to be in order to lie so much to a room of 14 adults of which 7 were Board members! I would be insulted if I were a Board member! But, maybe not if it's true.

So, that's my PSJHOA notes for this month. Rather exciting, wasn't it? Sorry it was so long, but when you have someone slandering you for 90 minutes it does take a while to rebut them. If you have questions, please feel free to e-mail me. I'll do my best to answer you. Oh, by the way, Helen and the Board members, don't bother. You'll be hearing from someone about this soon enough.

Note: I spoke to six (6) attorneys about suing the PSJHOA. None would take the case. Most had a conflict of interest because they had represented the PSJHOA or the leadership of the organization in other cases (tell you anything about the leadership?). Others said no money is in it. So much for our legal system.

Find the TRUTH!