THE ANSWER TO KARPEL'S LETTER OF DECEMBER 22, 2017
I reviewed the details of the December 22nd, 2017 Message from President Curt Karpel’s- Litigation Update. The names and the places are correct, but that is where truth ends and fiction begins. www.delairegovernance.com is the platform where “The Karpel tales” come to a halt! December 22nd, 2017 is not the first time that Mr. Karpel has been short-lived with the truth, remember the May 30th 2017 letter proclaiming “We have a hole by hole plan for the beautification for our Golf course etc.” After our invitation to produce the plan, he blatantly stated “Let me make it perfectly clear there is no hole by hole plan”.
By revisiting numerous articles posted on the web, you will find more of what I referenced as “The Karpel tales”
The December letter is burdened with inaccuracies, deceits and trickeries. Therefore, I feel that a condensed truthful reply is needed. The litany of untruths is proof that without our website there would be no transparency. That is why Karpel and the Board are desperately trying to blow us out of the water. My documented comebacks are what “Karpel and the Board do not want you to know”. My combination of facts and straightforwardness puts an end to their mambo jumbo.
FACT: It is true that I resolved the last litigation on February 24, 2017. That dispels that I never want to settle. Karpel however, had hesitations to the settlement demonstrated by his lack of enthusiasm expressed in his update. Our web posted his halfway objections to the resolution in an article titled “Why Poke the Bear"
FACT: Karpel’s negative description of our website, is in contradiction with the WIPO based on their findings. We launched our website in March of 2017. On October 5th, 2017, after legal action brought by Karpel & Co. to shut us down, our web was adjudicated by the World Intellectual Property Organization as Worthy and Straightforward. We won, they lost, owing me $7300. In accordance with Article XVII (6) the prevailing party must pay the legal fees. The issue is just one of the many lawsuits to be litigated. Read the WIPO finding.
FACT: Half of Karpel’s grievance charge against me with a 1 year suspension, valued at $40,000 (dues & assessments), is due to my filing a small claims court action. The other half for sponsoring a website that was adjudicated as a truth teller. The small claims court issue evolved due to the club kicking up a fuss vis-à-vis Zucker’s message at the March 12th, 2017 members meeting stating that the Brecker litigation increased the administrative expenses for 2015/2016 by $108,000”. I demanded the details of such an unwarranted announcement. My requests as per Florida Statue 617.1604 was stonewalled until I engaged a lawyer. The data proved that the Zucker statement was FALSE. I demanded reimbursing of my legal fees, the club refused, we ended up in the small claims court. It’s true it was unsuccessful: “I was without counsel and the club had one”. The issue is now on appeal in the District Court. Karpel found this court discrepancy “merit aside”, as misconduct, charging me with a grievance. Denying my right to go to court is contrary to the U.S. Constitution. Regardless of the outcome, every American has that right. It happened once again with an identical issue, by my requesting financial information as per, Florida Statute 617.1604, I was again stonewalled. This time to be adjudicated in Palm Beach District Court. That litigation will placate my small claims court.
FACT: It’s true my petition for a temporary injunction to lift my 1 year suspension was denied, but without prejudice during a shorted session by a retiring Judge. It will be heard by the new Judge assigned to our case. The loss of these little skirmishes are meaningless to the overall litigation, with the exception that Karpel is making it out as a major victory.
FACT: The reasons I contacted governmental officials for various sundry issues was adequately defined with documentations on the web. Most issues are still under investigation as well as the IRS. Kapel’s excuse that the accountants have advised “our tax returns are in compliance” is as meaningless as, his many repeats “our outside counsel says we are within proper compliance". Such adages have been found to be nothing but empty responses that have been invalidated many times.
FACT: The explanations regarding my grievance charges and the 1 year suspension they believed to be a fair and reasonable is self-serving. The Black Letter law denies the use of illegal bylaws to be in practice. Article XIV is illegal as per Florida Statute 617.0202, 617.0607, and Chapter 120. All of the illegitimacy of the discipline bylaws were posted on the web prior to the hearing and appeal to the board, before any action was taken. My attorney’s correspondence were forwarded to caution of thing to come should they think otherwise, dated 7/10/2017 and 8/23/2017. None of these were followed. Read attorneys letter quoting Black Letter Law
FACT: My attorney never asked for a two week extension before the 1 year suspension became effective. “Notice of the Board of Governors Decision on the Brecker Appeal” was posted on the website. Quoting excerpts: “The Board of Governors further voted to affirm the one-year suspension upon the condition that the suspension will not go into effect until 14 days from date of this notice of appeal decision ,to wit:12:01 AM on September 13,2017. The 14 days deferral was approved by the Board of Governors to give Attorney Padula and the Club’s legal counsel James N. Krivok, an opportunity to negotiate and possibly reach a global resolution of all pending and threatened litigation etc.” Krivok did contacted my lawyer to discuss settlement by asking him what he had in mind. Then admitting that I had to remove the web or the suspension remains. That is not a negotiation, it is an arrogant demand which I rejected. See Board letter
FACT: The allegedly pleadings of Karpel for me to now accept his belated offer of reinstatement, as a member in good standing, (again only) if I remove my website and resolve all outstanding issues, is as hallow as ever. Credible negotiations cannot be fruitful under duress. I was debased for years with Karpel updates as typified by his December 22nd,2017 letter. The so-called updates are sent to harass and arouse member disapproval for my fight for quiet enjoyment. The many grievance hearings to which I was subjected, never allowed transcripts or recordings a protective system so that no one has a record of the goings on in their Kangaroo Courts. Totally illegal. During the last hearing I was baptized as an “asshole” by a committee member who was never sanctioned for the remark. That cannot be excused. The latest suspensions enforced against me, a never before considered 1 year suspension, is without merit as per the findings of the WIPO and the U.S. Constitution. The expenses involved with the coerced litigation to defend my civil rights, cannot be extinguished with a simple handshake.
The irreparable harm done to my reputation, the mental anguish to me and my family, cannot be rectified by a simple grasp. All of the past injustices will have to be aired by a Jury. Such “carnage” must never again be repeated onto a Mandatory Member. A captive’s only recourse is the District Court. Karpel has laid the groundwork making going to court a “misconduct”. That signals that our board is out of control. It serves as a reminder that our bylaws allowing such repugnant disregard for civil liberties are ill conceived! Once governance allows bizarre regulations to creep into our everyday lives and begins to rule by intimidation, disregarding Fiduciary Responsibilities toward those that elected them, we have reached the end of civility. That is when a Revolution must take hold to bring [right] back where it belongs. Isn’t that happening at Delaire? We experienced the decline of respect of our rules during the recent membership meeting moderated by Karpel. He brashly announced that he and some board members violated Article VI (G) by spending in excess of over ½ million dollars without voter approval. Merits aside, where does it stop once we allow the members vote to become meaningless! No one confronted his “misuse”. I filed a grievance charge against him for such disorderly conduct. I called it by its name “MISCONDUCT”. They will dismiss it unless you stand firm with me! We cannot ignore such misbehavior! They set the standard of misconduct by my 1 year suspension for my sponsorship of www.delairegovernance.com, calling it misconduct, just to shut down the only transparency we have? That alone is gross misconduct. I will file a second grievance charge against that “wild” behavior. What is good for the goose is good for the gander! Mandatory Memberships rights cannot be disregarded by unprincipled bylaws written and carried out by irresponsible Boards of Governors of a not for profit Mandatory Membership clubs. Black Lettered Law is the basis that stops us from returning to the days of the “inquisition”. Brecker v. Delaire is the help that has come our way. It will drain the swamp on behalf of all of the members even for those that have been against my tenacity.
BE CAREFUL WHAT YOU WISH FOR!
It is my hope that our members will accept my remarks within the spirit they have been written.
With warmest regards,