Answer: FIRST LIDO CONDOMINIUM, INC. A FLORIDA NOT-FOR-PROFIT CORPORATION vs GARRISON, CLO ANN

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                                eFile Accepted: 11/18/2014 04:29 PM

Filing # 20711231 Electronically Filed 11/18/2014 03:59:22 PM

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY

FIRST LIDO CONDOMINIUM, INC.,
A Florida not-for-profit corporation,

Plaintiff,
VS. Case No.: 2014-CA-004931-NC
CLO ANN GARRISON; and
BANK OF AMERICA, NA,
Defendants,
/
DEFENSES
COMES NOW the Defendant, CLO ANN GARRISON, by and through its
undersigned counsel, files its Answer and Affirmative Defenses and as grounds therefore
States:
COUNT |
1. Without knowledge and Deny
2. Admit
3. Admit

4. Admit5. Without knowledge and Deny
6. Deny
7. Deny
8. Deny
9. Without knowledge and Deny
10. Without knowledge
11.Deny
12. Without knowledge
13.Deny
14.Deny
15.Without knowledge
COUNT I

16. Without knowledge and Deny
17.Empty References in allegation, Deny
18.Deny
19.Deny
20. Without knowledge

AFFIRMATIVE DEFENSES
21.Defendant has requested necessary documents and records from the Plaintiff to

support assessments and has not received cooperation pursuant to Florida Law.22.Defendant alleges that the Special Assessments and increases in the regular monthly
assessments have been brought and compounded in violation of Florida Law.

23.Defendant has been billed and paid for general assessments and serial special
assessments in excess of 5 years. Defendant has requested supporting documents,
statement of known future special assessments and proof of insurance and has not
received any of that required documentation.

24.The disputed amounts and other claims notwithstanding, as a result of documentable
hardships the Defendant is fully eligible a qualified for the Florida ELMORE
program and has advised the Plaintiff on many occasions of the necessary
documents, including a statement of known special assessments for the following 12
months.

25.The ELMORE Program pays existing expenses and up to 12 months of future
assessments (Maximum of $25,000).

26.It is the direct result of the Plaintiff's refusal to furnish requested documents, a
statement of known or anticipated special assessments for the following 12 months
and violation of federal debt laws that have stalled or compromised this approved
program. (EXHIBIT A)

27.The Plaintiff has refused to furnish any of the needed documents, including proof of
insurance for the past 5 years, history of all special assessments for the preceding 7

years and any anticipated/known special assessments for the following 12 months.28.The Plaintiff's refusal to furnish legally obligated information to the Defendant and
other tortious interference with her efforts to proceed with ELMORE have
endangered her ability to conclude the program and further delay complicates the
completion, since the ELMORE Program is limited im resources and length of time
it is offered as a “first come, first served” program.

29.On or about October 7, 2014, the Plaintiff’s attorney furnished (via email) protected
financial information, false information and other derogatory information to debt
servicers without written authorization and has negatively impacted her ability to
proceed with the approved ELMORE program.

30.At no time has the Defendant given the Plaintiff or their attorneys written
authorization to communicate with or furnish information to her lenders, prospective
lenders or any other parties.

31.The Defendant 1s without critical production that prevents her ability to present full
affirmative defenses and/or counter claims against the Plaintiff.

32.The Defendant alleges that the Plaintiffis attempting to take her homesteaded
property away in an attempt to avoid the Defendant’s opposition to unlawful special
assessments and reckless spending by the Plaintiff's Board of Directors.

33.The Defendant alleges that certain Board Members, and the Plaintiff in general,
have purposely hidden known defects & expenses and sandbagged special

assessment intermittently over long periods, rather than announce all known risksand costs in advance, to defraud owners their rightful and timely knowledge to agree
or oppose the full scope of the known expense and work in advance of proceeding.

34.The advanced age of the building (over 46 years old) , close proximity to the shore
(Project setback greatly exceeds current governmental limitations for new
construction), demonstrable erosion and rising water as a result of Global Warming
liability, extreme danger in the case of a hurricane and lack of reasonable
serviceability of the structures indicate that the Board of Directors had a fiduciary
responsibility to divulge all information to all owners prior to beginning any major
structural work.

35.The Defendant alleges that some board members purposely hid known information
from the ownership, while embarking on a major project in bits and pieces to
essentially commit the owners to a course of repairs without full disclosure.
Avoiding owner awareness and likely opposition to secure the personal interests of
some board members and to avoid other options being presented to owners that are
contrary to those personal interests.

36.Had to board of directors acted with fiduciary responsibility to provide full
disclosure about the excessive damage, relative danger to natural disasters, termite
infestation and other issues in advance; the ownership could have reasonably sought
other options — such as redevelopment the property or sale to a developer, given the

greatly improved marketability of Gulf Front projects.Wherefore, Defendant CLO ANN GARRISON demands trial by jury on each and
every issue so triable as a matter of right.

~ Alan Borden Esq.
Borden Law, P.A.
3001 N. Rocky Point Dr. East
Ste. 200
Tampa, FL 33607

Ph: 813-281-5471
Fx:813-354-2627

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via US
Mail this 18 day of November 2014 to:

Mark Hanson, Esq.

2033 Main Street, Ste 403

Sarasota, FL 34237
MHANSON@LOBECKHANSON.COM

Dated this 18 day of November, 2014

~ Alan Borden Esq.
Borden Law, P.A.
3001 N. Rocky Point Dr. East
Ste. 200
Tampa, FL 33607
Ph: 813-281-5471
Fx:813-354-2627