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*+** FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 3/14/2014 4:16:09 PM.****
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
RICHARD M. ROSS, CASE NO. CACE 12-033077 (09)
Plaintiff,
vs.
HOLLY HOKENSTROM,
Defendant.
/
PLAINTIFF'S NOTICE OF FILING AFFIDAVITS IN
SUPPORT OF MOTION FOR SUMMARY JUDGMENT
Plaintff pro se RICHARD ROSS, in accordance with Florida Rule of Civil Procedure
1.510(c), gives notice of filing the following record evidence in support of his Motion for Summary
Judgment and which refute any claims by Defendant that Plaintiff is either a member of the Board
of Directors of Environ Towers Condominium Association or has held himself out as such:
1. Affidavit of Andre Carrier, dated February 12, 2014.
2. Affidavit of Gilles Viel, dated February 12, 2014.
3. Affidavit of Michel Houle, dated February 12, 2014.
4, Affidavit of Richard Ross, dated February 22, 2014.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by regular U.S.
mail to Kraig Weiss, Silverberg & Weiss, P.A., attorneys for Defendant, with an office address at
1290 Weston Road, Suite 218, Weston, Florida 33326 this 24th day of February, 2014.
beet
Richard M. Ross, Plaintiff pro se
7200 Radice Court, Apt. 508
Lauderhill, Florida 33319
Tel: (954) 485-4019IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
_ VIRGINIA HOKENSTROM and CASE NO. CACE 14-000838 (18)
HOLLY HOKENSTROM,
Plaintiffs,
vs.
ENVIRON TOWERS CONDOMINIUM
ASSOCIATION, a Florida not-for-profit
Corp, ANDRE CARRIER, and RICHARD
ROSS,
Defendants.
/
Ss
AFFIDAVIT OF ANDRE CARRIER IN SUPPORT OF MOTION ;
FOR SUMMARY JUDGMENT BY DEFENDANT RICHARD ROSS
ANDRE CARRIER, being duly sworn, deposes and says:
1. I am a unit owner at the Environ Towers I Condominium ("Environ Towers")
and have been a member of the Board of Directors of the Environ Towers I Condominium
Association, Inc. (the "Association"), as well as the President of the Association, for the past
several years. I am making this Affidavit in support of Defendant Richard Ross's motion for
summary judgment. I have personal knowledge of the matters set forth in this Affidavit.
2. Environ Towers is a condominium consisting of two buildings located at 7100
and 7200 Radice Court, in Lauderhill, Florida, and contains 132 units.
3. I am well acquainted with Plaintiff Richard Ross, who has been a unit owner of
an apartment at the Environ Towers building at 7200 Radice Court for many years, and is a
unpaid volunteer member of the Association's Legal Advisory Committee along with myself,Michel Houle, and Guy LaFrance. The Legal Advisory Committee was formally established as
a standing committee at a meeting of the Board of Directors in February 2012.
4. The members of the Legal Advisory Committee, both individually and
collectively, assist in giving advice and making recommendations to the Board of Directors
regarding the operation and affairs of the Association, but without the authority to make
decisions or to otherwise act for or on behalf of the Association or the Board of Directors.
5. Because of his litigation experience, Richard Ross has also assisted the Board of
Directors by monitoring the status of lawsuits involving the Association, and by occasionally
preparing drafts of documents for the Association's attorneys, to use or not use as they saw fit.
In one such lawsuit, the Association sued Plaintiffs for violating its 55-and-older age
restriction, because Holly Hokenstrom was occupying the apartment she co-owns with her
mother ("Unit 2-503") without a person aged 55-or-older in residence.
6. On November 5, 2011, the Association obtained a Final Summary Judgment
against Holly Hokenstrom which ordered her to vacate Unit 2-503 by December 15, 2011.
This deadline was subsequently extended by the Circuit Court to January 15, 2012.
iP Because Holly Hokenstrom disregarded the "vacate" order after January 15,
2012 and continued to spend substantial amounts of time in Unit 2-503, in April 2012 the
Association filed its first Motion to Enforce Judgment. I do not remember if Richard Ross
assisted in preparing a draft of this motion, the filing of which was the sole decision of the
Board without any involvement by Mr. Ross. Although this motion was withdrawn upon the
advice of counsel, a subsequent motion was filed in August 2012 to enforce the summary
judgment and to hold Holly Hokenstrom in contempt. That motion was granted by the Circuit
Court in November 2012, although the contempt order was subsequently reversed on appeal.8. Richard Ross has never been a Board member or a “quasi-Board" member of the
Association. He has never been authorized or "empowered" by the Board of Directors, or by
any individual Board member, to act for or on behalf of the Board of Directors or the
Association in dealings with unit owners or third parties or to make any decisions relating to
‘the affairs and business of the Association.
9. To the best of my knowledge, no Board member has ever held Richard Ross out
as being an agent of the Association or of any Board member, or has otherwise made any
representations to any unit owner or third party suggesting or implying that Richard Ross is
authorized or empowered to act for or on behalf of the Association or the Board of Directors.
To the contrary, Board members have always told unit owners and third parties that Richard
Ross is merely a member of the Legal Advisory Committee.
10. In addition, to the best of my knowledge, Richard Ross has never held himself
out or promoted himself as being a Board member, or otherwise as having any authority to act
on behalf of the Association or the Board of Directors. Had Mr. Ross ever done so, and had
such conduct come to the attention of the Board of Directors, we would never have acquiesced
in such a misrepresentation and would have disavowed his actions.
11. Richard Ross does not have access to, and never uses, the Association's office
and computer. To the best of my knowledge, Mr. Ross has never been given any access to
private and/or confidential Association files and records, and could not have used any
Association materials, correspondence or other records to obtain Holly Hokenstrom's Social
Security number. By law, only members of the Board of Directors have access to unit owners’
application files, and such files are kept in the Association's office under lock and key.12. In or around the spring or summer of 2012, Richard Ross told me that Holly
Hokenstrom had been arrested on felony drug charges in Collier County, Florida in 1986 and
also had been arrested on misdemeanor drug charges in New Hampshire in 1977. My
understanding was that Mr. Ross had obtained this information independently for use in Ms.
Hokenstrom's civil restraining order case against him, and without any assistance or request
from the Board of Directors. Out of curiosity, I went to the office and checked Holly
Hokenstrom's application to purchase Unit 2-503, and discovered that she had checked off that
she. had never been arrested. At no time, however, did I ever allow Mr. Ross to look at her
application for occupancy, or the application for occupancy of any other unit owner. In
addition, I never furnished Richard Ross with Ms. Hokenstrom's Social Security number.
13. By letter dated August 4, 2012, Richard Ross made a written request to the
Association to revoke the approval of Ms. Hokenstrom's application for occupancy, on the
ground that she had made a material misstatement about not having been arrested on that
application. At that time, Mr. Ross furnished me with copies of documents from Holly
Hokenstrom's criminal case file from Collier County, as well as other documents relating to her
arrest in New Hampshire on misdemeanor drug charges.
14. In February 2013, the Board of Directors voted unanimously to revoke Holly
Hokenstrom's approval to occupy Unit 2-503, on the ground that she had made a material
misstatement on her application for occupancy about never having been arrested (see Exhibits
A and B attached). At this meeting, Board members were allowed to review criminal case file
documents relating to Ms. Hokenstrom's arrest record that had been independently obtained by
Richard Ross the previous year. To the best of my knowledge, none of these documents haveever been divulged to any unit owner or third party and since that time have been maintained in
confidentiality in Ms. Hokenstrom’s personal application file in the Association's office.
Dated: Ai 3, 201k
AC (DG!
STATE OF FLORIDA _)
COUNTY OF BROWARD)
BEFORE ME, the undersigned authority, this day personally appeared Andre Carrier, to
me personally known or who has produced a driver's license as identification and who, after
first being duly sworn, deposes and says that he has read the foregoing Affidavit and that the
facts contained therein are true and correct to the best of his knowledge.
SUBSCRIBED AND SWORN TO before me this | 2-day of February, 2014.
NOTARY PUBLIC -- STATE OF FLORIDA
Sign.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by regular U.S. mail to Kraig Weiss, Silverberg & Weiss, P.A., attorneys for Plaintiffs, with an
office address at 1290 Weston Road, Suite 218, Weston, Florida 33326 this?” day of
Fehr 2014. ie
Richard M. Ross, Defendant pro se
7200 Radice Court, Apt. 508
Lauderhill, Florida 33319
Tel. (954) 485-4019IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
VIRGINIA HOKENSTROM and CASE NO. CACE 14-000838 (18)
HOLLY HOKENSTROM,
Plaintiffs,
vs
ENVIRON TOWERS CONDOMINIUM
ASSOCIATION, a Florida not-for-profit
Corp, ANDRE CARRIER, and RICHARD
ROSS,
Defendants.
/
AFFIDAVIT OF MICHEL HOULE IN SUPPORT OF MOTION
FOR SUMMARY JUDGMENT BY DEFENDANT RICHARD ROSS
MICHEL HOULE, being duly sworn, deposes and says:
1 I am a unit owner at the Environ Towers I Condominium ("Environ Towers")
and have been a member of the Board of Directors of the Environ Towers I Condominium
Association, Inc (the "Association") for the past few years. I am making this Affidavit in
support of Defendant Richard Ross's motion for summary judgment against Plaintiffs. I have
personal knowledge of the matters set forth in this Affidavit.
2. Environ Towers is a condominium consisting of two buildings located at 7100
and 7200 Radice Court, in Lauderhill, Florida, and contains 132 units.
3. I am well acquainted with Plaintiff Richard Ross, who has been a unit owner of
an apartment at the Environ Towers condominium building at 7200 Radice Court for many
years, and is a volunteer member of the Association's Legal Advisory Committee, along with
myself, Association President Andre Carrier, and Guy LaFrance. The Legal Advisory
Committee was formally established at a meeting of the Board of Directors in February 2012.4. The members of the Legal Advisory Committee, both individually and
collectively, assist in giving advice and making recommendations to the Board of Directors,
regarding the operation and affairs of the Association, but without the authority to make
decisions or to otherwise act for or on behalf of the Association or the Board of Directors.
5. Richard Ross has never been a Board member or a "quasi-Board" member of the
Association. He has never been authorized or "empowered" by the Board of Directors, or by
any individual Board member, to act for or on behalf of the Board of Directors or the
Association in dealings with unit owners or third parties or to make any decisions relating to
the affairs and business of the Association.
. 6. To the best of my knowledge, no Board member has ever held Richard Ross out
as being an agent of the Association or of any Board member, or has otherwise made any
representations to any unit owner or third party suggesting or implying that Richard Ross is
authorized or empowered to act for or on behalf of the Association or the Board of Directors.
To the contrary, Board members have always told unit owners and third parties that Richard
Ross is merely a member of the Legal Advisory Committee.
7. In addition, to the best of my knowledge, Richard Ross has never held himself
out or promoted himself as being a Board member, or otherwise as having any authority to act
on behalf of the Association or the Board of Directors. Had Mr. Ross ever done so, and had
such conduct come to the attention of the Board of Directors, we would never have acquiesced
in such a misrepresentation and would have disavowed his actions.
8. Richard Ross does not have access to, and never uses, the Association's office
and computer. To the best of my knowledge, Mr. Ross has never been given any access to
private and/or confidential Association files and records, and could not have used anyAssociation materials, correspondence or other records to obtain Holly Hokenstrom's Social
Security number. By law, only members of the Board of Directors have access to unit owners’
application files, and such files are kept in the Association's office under lock and key.
9. In February 2013, the Board of Directors held a meeting at which it voted
unanimously to revoke Holly Hokenstrom's approval to occupy Unit 2-503, on the ground that
she had made a material misstatement on her application for occupancy about never having
been arrested. At this meeting, Board members were allowed to review criminal case file
documents relating to Ms. Hokenstrom's arrest record that had been independently obtained by
Richard Ross the previous year. To the best of my knowledge, none of these documents have
ever been divulged to any unit owner or third party and since that time have been maintained in
confidentiality in Ms. Hokenstrom's personal application file in the Association's office.
Dated: a Liflé cb Maes
MICHEL HOULE
ACKNOWL
STATE OF FLORIDA __)
COUNTY OF BROWARD)
BEFORE ME, the undersigned authority, this day personally appeared Michel Houle, to
me personally known or who has produced a driver's license as identification and who, after
first being duly sworn, deposes and says that he has read the foregoing Affidavit and that the
facts contained therein are true and correct to the best of his knowledge.
SUBSCRIBED AND SWORN TO before me this ]7_ day of February, 2014.
NOTARY PUBLIC -- STATE OF FLORIDAIN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
VIRGINIA HOKENSTROM and CASE NO. CACE 14-000838 (18)
HOLLY HOKENSTROM,
Plaintiffs,
VS.
ENVIRON TOWERS CONDOMINIUM
ASSOCIATION, a Florida not-for-profit
Corp, ANDRE CARRIER, and RICHARD
ROSS,
Defendants.
/
AFFIDAVIT OF GILLES VIEL IN SUPPORT OF MOTION
FOR SUMMARY MENT BY DE ANT RICHARD ROSS
GILLES VIEL, being duly sworn, deposes and says:
1. I am a unit owner at the Environ Towers 1 Condominium ("Environ Towers")
and have been a member of the Board of Directors of the Environ Towers I Condominium
Association, Inc. (the "Association"), as well as the Vice-President of the Association, for the
past several years. I am making this Affidavit in support of Defendant Richard Ross's motion
for summary judgment. I have personal knowledge of the matters set forth in this Affidavit.
2. Environ Towers is a condominium consisting of two buildings located at 7100
and 7200 Radice Court, in Lauderhill, Florida, and contains 132 units.
3. I am well acquainted with Plaintiff Richard Ross, who has been a unit owner of
an apartment at the Environ Towers condominium building at 7200 Radice Court for many
years, and is a volunteer member of the Association's Legal Advisory Committee along with
Andre Carrier, Michel Haule, and Guy LaFrance. The Legal Advisory Committee was
formally established at a meeting of the Board of Directors in February 2012.4. The members of the Legal Advisory Committee, both individually and
collectively, assist in giving advice and making recommendations to the Board of Directors
regarding the operation and affairs of the Association, but without the authority to make
decisions or to otherwise act for or on behalf of the Association or the Board of Directors.
5. Richard Ross has never been a Board member or a "quasi-Board" member of the
Association. He has never been authorized or "empowered" by the Board of Directors, or by
any individual Board member, to act for or on behalf of the Board of Directors or the
Association in dealings with unit owners or third parties or to make any decisions relating to
the affairs and business of the Association.
. 6. To the best of my knowledge, no Board member has ever held Richard Ross out
as being an agent of the Association or of any Board member, or has otherwise made any
representations to any unit owner or third party suggesting or implying that Richard Ross is
authorized or empowered to act for or on behalf of the Association or the Board of Directors.
To the contrary, Board members have always told unit owners and third parties that Richard
Ross is merely a member of the Legal Advisory Committee.
7. In addition, to the best of my knowledge, Richard Ross has never held himself
out or promoted himself as being a Board member, or otherwise as having any authority to act
on behalf of the Association or the Board of Directors. Had Mr. Ross ever done so, and had
such conduct come to the attention of the Board of Directors, we would never have acquiesced
in such a misrepresentation and would have disavowed his actions.
8. Richard Ross does not have access to, and never uses, the Association's office
and computer. To the best of my knowledge, Mr Ross has never been given any access to
private and/or confidential Association files and records, and could not have used anyAssociation materials, correspondence or other records to obtain Holly Hokenstrom's Social
Security number. By law, only members of the Board of Directors have access to unit owners!
application files, and such files are kept in the Association's office under lock and key.
9. In February 2013, the Board of Directors held a meeting at which it voted
unanimously to revoke Holly Hokenstrom's approval to occupy Unit 2-503, on the ground that
she had made a material misstatement on her application for occupancy about never having
been arrested. At this meeting, Board members were allowed to review criminal case file
documents relating to Ms. Hokenstrom's arrest record that had been independently obtained by
Richard Ross the previous year. To the best of my knowledge, none of these documents have
ever been divulged to any unit owner or third party and since that time have been maintained in
confidentiality in Ms. Hokenstrom's personal application file in the Association's office.
Dated: og fir fry kite Gazz
GILLES VIEL
ACKNOWLEDGMENT
STATE OF FLORIDA)
COUNTY OF BROWARD)
BEFORE ME, the undersigned authority, this day personally appeared Gilles Viel, to
me personally known or who has produced a driver's license as identification and who, after
first being duly sworn, deposes and says that he has read the foregoing Affidavit and that the
facts contained therein are true and correct to the best of his knowlgdge.
SUBSCRIBED AND SWORN TO before me this & da} of February, 2014.
NOTARY PUBLIC -- STATE OF FLORIDA
Sign:IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
VIRGINIA HOKENSTROM and CASE NO. CACE 14-000838 (18)
HOLLY HOKENSTROM,
Plaintiffs,
vs.
ENVIRON TOWERS CONDOMINIUM
ASSOCIATION, a Florida not-for-profit
Corp, ANDRE CARRIER, and RICHARD
ROSS,
Defendants.
AFFIDAVIT OF RICHARD ROSS IN SUPPORT OF MOTION
FOR SUMMARY JUDGMENT BY DEFENDANT RICHARD ROSS
- RICHARD ROSS, being duly sworn, deposes and says:
1. 1am one of the individual Defendants in this lawsuit and am representing myself
pro se. I am making this Affidavit in support of my motion for summary judgment. I have
personal knowledge of the matters set forth in this Affidavit.
2. The Environ Towers I Condominium ("Environ Towers") is a condominium
consisting of two buildings containing 132 units located at 7100 and 7200 Radice Court, in
Lauderhill, Florida, and is operated by the Environ Towers I Condominium Association,
Inc.(the "Association").
3. [have been co-owner of an apartment ("Unit 2-508") at Environ Towers for over
fourteen (14) years. I am also a volunteer member of the Association's Legal Advisory
Committee along with Andre Carrier, Michel Houle, and Guy LaFrance. The Legal Advisory
Committee was formally established as a standing committee at a meeting of the Board of
Directors in February 2012.4. The members of the Legal Advisory Committee, both individually and
collectively, assist in giving advice and making recommendations to the Board of Directors
regarding the operation and affairs of the Association, but without the authority to make
decisions or to otherwise act for or on behalf of the Association or the Board of Directors.
5. Because of my litigation experience, I have also assisted the Board of Directors
by monitoring the status of lawsuits involving the Association, and by occasionally preparing
drafts of documents for the Association's attorneys, to use or not use as they saw fit. In one
such lawsuit ("the Hokenstrom lawsuit"), the Association sued Plaintiffs for violating its 55-
and-older age restriction, because Holly Hokenstrom was occupying the apartment she co-owns
with her mother ("Unit 2-503") without a person aged 55-or-older in residence.
6. On November 5, 2011, the Association obtained a Final Summary Judgment
against Holly Hokenstrom which ordered her to vacate Unit 2-503 by December 15, 2011.
This deadline was subsequently extended by the Circuit Court to January 15, 2012. True and
correct copies of the Final Summary Judgment and Order Denying Stay Pending Appeal are
attached hereto as Exhibits A and B.
7. Because Holly Hokenstrom disregarded the “vacate” order after January 15,
2012 and continued to spend substantial amounts of time in Unit 2-503, acting in my capacity
as a unit owner without any involvement by the Association, I filed a Motion to Intervene in the
Hokenstrom lawsuit in February 2012 for the purpose of obtaining judicial enforcement of the
Final Summary Judgment. This Motion to Intervene was summarily denied by the Court.
8. In April 2012 the Association filed its first Motion to Enforce Judgment. The
filing of this motion was the sole decision of the Board without any involvement by me.
Although this motion was withdrawn by the Association, a second motion was filed in August2012 to enforce the summary judgment and to hold Holly Hokenstrom in contempt. My
understanding is that this second motion relied upon video evidence which showed her frequent
comings and goings to Unit 2-503. That motion was granted by the Circuit Court in November
2012, although the contempt order was subsequently reversed on appeal.
9. Ihave never been a member of the Association's Board of Directors or a "quasi-
Board” member of the Association. I have never been authorized or “empowered” by the
Board of Directors, or by any individual Board member, to act for or on behalf of the Board of
Directors or the Association in dealings with unit owners or third parties or to make any
decisions relating to the affairs and business of the Association.
10. To the best of my knowledge, no Board member has ever held me out as being
an agent of the Association or of any Board member, or has otherwise made any
representations to any unit owner or third party suggesting or implying that I am authorized or
empowered to act for or on behalf of the Association or the Board of Directors. To the
contrary, Board members have always told unit owners and third parties that I am merely a
member of the Legal Advisory Committee.
11. In addition, I have never held myself out or promoted myself as being a Board
member, or as otherwise having any authority to act for or on behalf of the Association or the
Board of Directors. The Plaintiffs rely upon a police offense incident report for an incident that
occurred on July 19, 2011 in support of their false claim that I have held myself out to others as
being a Board member. However that report's erroneous information was based on the police
” officer's misapprehension of the facts, and as soon as I became aware of this, I had the report
supplemented to accurately reflect that I was merely a unit owner and not a member of the
Board of Directors. A true and correct copy of that supplemental report is attached as Exhibit I12. I do not have access to, and never use, the Association's office and computer. I
have never been shown or given any access to private and/or confidential Association files and
records, and could not have used any Association materials, correspondence or other records to
obtain Holly Hokenstrom's Social Security number.
13. On December 6, 2011, Holly Hokenstrom filed a petition in the Circuit Court
seeking an injunction for protection against repeat violence by me (hereinafter, “restraining
order"), based upon purported threats allegedly made by me against her. The court granted Ms.
Hokenstrom a temporary restraining order, which (among other things) prohibited me from
going "to, in, or within 100 feet of: Petitioner's current address {list address} 7200 Radice
Court #503, Lauderhill or any residence to which Petitioner may move ...."
14. In January 2012, I conducted an internet search on Plaintiff Holly Hokenstrom,
for the purpose of determining if she had any felony criminal convictions that could be used to
impeach her testimony at the upcoming hearing on her petition for a restraining order. Acting
alone, and without any information furnished by the Association, I discovered that Ms.
Hokenstrom had pleaded no contest in 1986 in Collier County, Florida to felony drug charges.
Lalso discovered that she had been arrested on a misdemeanor drug charge in New Hampshire
in 1977. True and correct copies of those search results are attached as Exhibits C and D.
15. Later that month, I drove to the Clerk of Court in Collier County and lawfully
obtained copies of documents from Holly Hokenstrom’s felony criminal case file. Two of the
documents that I obtained from the Clerk of Courts -- the booking report and a
probation/corrections memorandum -- contained Ms. Hokenstrom's Social Security number
unredacted. In March 2012, I wrote to the Collier Clerk of Courts requesting certified copies of
Ms. Hokenstrom's booking report, criminal information, and judgment, for use as self-authenticating evidence at her restraining order hearing, and again received a copy of her
booking report with Social Security number unredacted. True and correct copies of that
booking report and probation/corrections memorandum are attached hereto as Exhibits E and F.
16. As of April 5, 2012, Ms. Hokenstrom’s temporary restraining order was still in
effect. On that date, she called the police and accused me of having violated her temporary
restraining order by posting a copy of the one-page "Final Summary Judgment" on the door to
the fifth floor trash room.
17. The Lauderhill police officer who responded to this call came to my apartment
and arrested me for the offenses of violating a restraining order and resisting arrest without
violence. Later that month, the Broward State Attomey's office filed an Information charging
me with the two misdemeanor offenses for which I was arrested.
18. I filed a motion to dismiss the Information on the grounds that: (a) as a matter
of law, Officer Londono could not have had probable cause to arrest me for violating Ms.
Hokenstrom's restraining order because she was no longer residing in Unit 2-503 at Environ
Towers on April 5, 2012, and (b) Officer Londono illegally arrested me inside my apartment
without a warrant. On June 28, 2012, Broward County Court Judge Mary Rudd Robinson
granted my motion to dismiss the Information, ruling that because Ms. Hokenstrom had been
judicially ordered to vacate Unit 2-503, it was no longer her "residence" and that the restraining
order only prohibited me from coming within 100 feet of her "residence.
19. Inor around the spring or summer of 2012, L informed Defendant Carrier about
Holly Hokenstrom's felony criminal record. Shortly thereafter, Defendant Carrier informed me
that on her application for occupancy at Environ Towers, Ms. Hokenstrom had denied ever
having been arrested. At no time, however, did Defendant Carrier ever let me look at HollyHokenstrom’s application for occupancy or any other confidential association records
pertaining to her, ber mother, Virginia Hokenstrom, or any other unit owner. In addition,
Defendant Carrier never furnished me with Holly Hokenstrom's Social Security number.
20. By letter dated August 4, 2012, I requested that the Association take action to
revoke its approval of Holly Hokenstrom's application, on the ground that she had made a
material misstatement about not having been arrested on that application. At that time, I
furnished Andre Carrier with copies of documents from Holly Hokenstrom's criminal case file
from Collier County, as well as other documents relating to her arrest in New Hampshire on
drug charges. A true and correct copy of that letter is attached hereto as Exhibit G.
21. On June 28, 2013, after conducting evidentiary hearings that took place over the
course of three separate days, the Broward County Circuit Court dismissed with prejudice
Holly Hokenstrom's petition for a restraining order against me, finding that she had failed to
offer sufficient evidence that under Florida law would allow the Court to issue a permanent
restraining order. A true and correct copy of the dismissal order is attached hereto as Exhibit H.
22. Other than furnishing the Board of Directors with copies of her criminal case
file documents, I have never disclosed Holly Hokenstrom's Social Security number to any
person or entity. I have never been involved, directly or indirectly, in any alleged "identity
theft" affecting Ms. Hokenstrom or in any unauthorized charges being made to her credit card
account[s]. Although she claims that this purported identity theft occurred after Defendant
Carrier allegedly gave me access to her Social Security number in or around February 2013, I
already had obtained her felony booking report containing that Social Security number more
than one year earlier, in January 2012.23. Despite her insinuations that I am responsible for her alleged “identity theft", I
am aware that Ms. Hokenstrom would have had to disclose her Social Security number to third
parties on at least two occasions last year: first, when she obtained a new job in April 2013 and
would have had to furnish her Social Security number to her new employer, and second, when
she and her mother purchased another condominium unit in Delray Beach in August 2013. A
true and correct copy of a motion for continuance in her restraining order case evidencing Ms.
Hokenstrom’s new employment is attached hereto as Exhibit J.
pees. feb 2a, Rolf Ruf hese —
RIC) ROSS
ACKNOWLEDGMENT
STATE OF FLORIDA)
COUNTY OF BROWARD)
BEFORE ME, the undersigned authority, this day personally appeared Richard Ross, to
me personally known or who has produced a driver's license as identification and who, after
first being duly sworn, deposes and says that he has read the foregoing Affidavit and that the
facts contained therein are true and correct to the best of his knowledge.
ad
SUBSCRIBED AND SWORN TO before me this D2 Mtay of February, 2014.
STEPHANIE CELIS
jotary Public - State of Florida
‘My Comm. Expires Jan 9, 2016
Commission # EF 158039
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by regular U.S. mail to Kraig Weiss, Silverberg & Weiss, attomeys for Plaintiffs, with an
address at 1290 Weston Rd., Suite 218, Weston, FL 33326 this ___ day of , 2014,
_
Richard M. Ross, Defendant pro se
7200 Radice Court, Apt. 508
Lauderhill, Florida 33319
Tel. (954) 485-4019NARRATIVE
Pages __of 8
7 ————<——_—_—_—[$ ————————————
jency ORI Incident Offense Report ‘Agency Report Number
1.061800 Additional Narratives 11074235
‘Title: SUPPLEMENT REPORT
SUPPLEMENT REPORT
CASE # 11074235
OFFENSE: INFORMATION REPORT
OFC. M. ABRAHAMS # 261
DATE: 10/28/11
ee
On the above date contact was made with Mr. Richard Ross (listed as unknown subject in initial
report) at 6279 W Oakland Park Blvd (Lauderhill PD) in reference to a correction to the original OIR.
Richard explained he wanted to clarify his position as I listed him previously as a "board member".
Richard stated he is not on the board and does not represent the “board"or the Attorney's office
in any official manner, however, only was assisting in the legal issues. Richard clarified he walks
around his building mainly for exercise, however, that if he were observing any violations he wuold
then report them to the Board and/or Police.
Richard stated this was a misunderstanding and an accidental communication error that resulted
during my original investigation.
FX HIRIT TEVENT DATA
SUSPECT / MISSING PERSON
DRUGS MISSING PERSON
VICTIM / WITNESS
Pagel _of 7
¥ Original
Ciduvenile © Supplement/Current
[Agency ORI OFFENSE INCIDENT REPORT “Agency Report Number
FL0061800 11074235
Reported: Day Date Time (rat) | Time Dispatched (rif) Time Arrived (mil) Time Completed (rail)
Tuesday 07/19/201108:55 _| 00:00 00:00 09:30
ig oft. |e Victims [#Offenders [@Prem.Ent |2Veh. Stolen | Incident: Day = Dato Time (mi) = Day Date Time (mil)
filo 0D 0 0 From Tuesday 07/19/201108:00 Tuesday 07/19/2011 08:45
imeident Location 799 RADICE CT LAUDERHILL FL 33313 aie nata Indicator 51 ZONE (NW)
Method of Operation 557, Description of incident
Location Type 4 PARTMENT CONDO Set
Offense _‘Tvpa ‘@empllGomplete NGICIUGRCode Forced Entry
OTHER INFORMATION REPORT c 00 N/A
‘Statute Violation Number: 1
Name (Last, First, Middle) ‘Suffix
‘Address (Street, Apartment Number) city State Zip Residence Phone
Other Contact info (Time Available, interpreter) ‘Synopsis Of Involvement Business Phone
Race Sex DOB Age] Res Type | Res. Status | Extent Of injury | injury Type Relationship
‘Occupation EmployeriSchoot ‘Address SSN
Drivers License (Stato and Number) | Other ID (Number and State) care, Marks, Tattoos (Location and Description) | FCICINCIC
Height Weight Eye Color Hair Color Hair Length Hair Style
‘Complexion Build Facial Hair Teath SpeechiVoice Ethnicity
Indicator | involvement Type | Juvenile | Namo (Last, First, Midte) ‘Surtix ‘Suspect Code
‘Address (Street, Apartment Number) city State Reside
Maiden Name NicknamelStreetname Place of Birth Business Phone
Race Sex DOB Age Clothing Res. Type Res. Status
‘Occupation Employer/Schoo! Address ‘SSN
Drivers License (State and Number) | Other ID (Number and State) KScars, Marks, Tattoos (Location and Description) | FCICINGIC
Height Weight Eye Color Hair Color Hair Length Hair Style
‘Complexion Build Facial Hair Teeth SpeachNoice Ethntcity
‘Special Identifiers
‘Incident Type FoulPlay? | Missing Before? | Fingerprints? | Photo Avaliable?
Date Last Seen [Tinea Seen Location Last Seen (Address, City, St)
‘Accompanied By
WortalPhysical Condition Wedication RequirediType DoctoriDentist (Name, Phone Number)
Property Carried
Recovery information
Type Deseription Satis "Quantity Measure ‘Strect Value
‘etivity 4 Tetivity 2 Retivity 3
CYUIRIT R
_VEHICLE
PROPERTY WEAPON
NARRATIVE
STATUS
Page 2 of 7
Related To: ‘Status Code ‘Damage Code Type
Veh.# | Year | Make Model ‘Style ‘VIN/Hull Number
Tag Reg/Doc. # Piste State | Plate Year | Reg.State | Rog. Year Decal Number Tag Type
Condition insurance Company Lien Holder Estimated Value
‘Color Description (identifying Characteristics Noticeable Damage, intertor Color, Etc.)
Vessel Name ‘Length ‘Hull Material Propulsion’ Boat Type
Recovery Loc. Recovery Code
Recovery Address/Geographic Indicator Date Recovered Value Recovered
‘Method Of Theft . ‘Original Reporting Agency
Report Number Hold Reason/Authority
Components Stripped
Towed By ‘Storage Location FCIGINGIG
Person Code ttem # | Damage Code Type Status
OTHER 1 MISCELLANEOUS OTHER
‘Quantity Name Brand Make ‘Model
Sata ‘Number ‘Owner Applied Number
Description (Size, Color, Caliber, Barrel Length, Etc.)
DOCUMENTS
Value Value Recovered ‘Date Recovered FCICINCIC
$1.00 NO.
Related To: Status Type
OTHER KAYE, SUSAN
‘Bank/Card Issuer ‘Account Number Document/Serial Number
Printed Name Payable To Face Signature
Endorsement ‘Other Namo(s) ‘Service/Property Received
1D. Type 1D.No. Document Date “Amount
Title: INFORMATION REPORT
On July 19TH, 2011, at approximately 0900 hrs, I, Officer M. Abrahams # 261, was dispatched to 7200
Radice Court (Environ Towers) in reference to a disturbance between neighbors. Upon arrival the
following information was obtained.
Contact was made with Ms. Susan Kaye (reporting person) in her apartment on the first floor
(1st) who stated he mother became scared of one of their neighbors earlier on today's report date. I
spoke with Susan's mother, who stated the neighbor (white male subject) who resides on the fourth
floor (4th).
Report Contains Related Report Number(s)
Reporting Officer/ID Reporting Officer/ID Unit Date
0261 ABRAHAMS MARK __0261__ ABRAHAMS MARK ___29B21 10/6/2011 11-39.36 AM.
[CfficerReviewing (FAppicabie} 1D.Number Routed To Referred To ‘Assigned To By
|CONCILLO, 9120
Case Status Clearance Type Date Cleared Number Arrested
INACTIVE ian i 0NARRATIVE
Page3__of 7
ney ORI Incident Offense Report ‘Agency Report Number
0061800 Additional Narratives 11074235
Title: INFORMATION REPORT
Susan stated her mother was confronted by the adult male in the hallway and "scared" her. I
spoke with the mother (name unknown at time of investigation) inside the apartment who stated while
she was standing in front of her front door in the hallway; the male subject entered the hallway.
The mother became scared and started to scream out loud. When the mother was asked if the
subject stated anything at all to her she said "no". When the mother was asked if the subject made any
aggressive gestures and/or movements towards her she said "no". When the mother was asked if the
subject displayed or verbally mentioned any weapons she replied "no".
Susan stated she and the male subject are currently having a civil dispute between who is legally
allowed to reside at the apartment (Susan's apartment).
I advised the mother according to her allegations; the male subject did not commit any criminal
violation or any Lauderhill City Ordinance violation. Susan asked on scene that she feels a restraining
order should be granted based on this situation. I explained to Susan and her mother there was no
reason for a restraining order in this particular incident.
I advised Susan and her mother I would still go upstairs and discuss the issue with the subject
and get his side of the story.
I made contact with the male subject (name unknown at time of investigation) inside his
apartment. The subject stated he was so upset and annoyed with Susan and her family calling the
Police and making "false" allegations against him. The subject's hands were physically observed
shaking as he was attempting to explain his version of the incident.
The subject stated he is currently on the Board for this complex and represents an Attorney Office
which has currently filed a law suit against Susan and all other members residing there without
allegedly following the required rules and regulations of the complex.
The subject stated this entire offense and any allegation(s) that have been recently made against
him are because he has been representing the Attorney's office against Susan and other's that are
residing inside Susan's apartment (including the mother).
The subject had numerous legal documents that he stated are from the Attorney's office that he
was willing to display.
The subject stated because he is on the Board of this complex, he is supposed to walk around the
entire facility during morning hours to determine if any needs might be needed to any of the building
(s). The subject stated he entered the hallway to Susan's building (which as previously stated, is also
the same building he resides in) to conduct his routine check.
As the subject entered the hallway, he observed who he knows as Susan's mother, standing in
front of her front door. As he walked through the hallway, he looked over at Susan's mother and she
immediately started to scream out loud for no reason. The subject stated Susan's mother startedNARRATIVE
acy ORI Incident Offense Report ‘Agency Report Number
10061800 Additional Narratives 11074235
‘Title: INFORMATION REPORT
to hell "help me, help me!" The subject stated her actions made him nervous and he just continued to
walk through the hallway and back upstairs into his apartment. The subject stated while he was in his
apartment he "had a feeling" the Police would again be called on him.
The subject stated he is so "sick and tired" of having the Police deal with him as if he is doing
something criminally wrong and offered to provide a statement of any kind to assist in this incident.
The subject was advised a statement would not be needed in regards to this.
The subject also advised since this ongoing issue has become worse, Susan's brothers who
allegedly are residing there without proper permission, allegedly has been making verbal threats
towards him whenever they are "passing" in the hallway and/or elevators. The subject stated in order
not to make matters worse for himself and his safety, he has not previously called the Police for
assistance.
The on scene investigation as previously explained to Susan, Susan's mother and Susan's brother,
revealed there was no apparent criminal violation of any matter and no need for any further immediate
investigation.
Preview
*+** FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 3/14/2014 4:16:09 PM.**** IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA RICHARD M. ROSS, CASE NO. CACE 12-033077 (09) Plaintiff, vs. HOLLY HOKENSTROM, Defendant. / PLAINTIFF'S NOTICE OF FILING AFFIDAVITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Plaintff pro se RICHARD ROSS, in accordance with Florida Rule of Civil Procedure 1.510(c), gives notice of filing the following record evidence in support of his Motion for Summary Judgment and which refute any claims by Defendant that Plaintiff is either a member of the Board of Directors of Environ Towers Condominium Association or has held himself out as such: 1. Affidavit of Andre Carrier, dated February 12, 2014. 2. Affidavit of Gilles Viel, dated February 12, 2014. 3. Affidavit of Michel Houle, dated February 12, 2014. 4, Affidavit of Richard Ross, dated February 22, 2014. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by regular U.S. mail to Kraig Weiss, Silverberg & Weiss, P.A., attorneys for Defendant, with an office address at 1290 Weston Road, Suite 218, Weston, Florida 33326 this 24th day of February, 2014. beet Richard M. Ross, Plaintiff pro se 7200 Radice Court, Apt. 508 Lauderhill, Florida 33319 Tel: (954) 485-4019IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA _ VIRGINIA HOKENSTROM and CASE NO. CACE 14-000838 (18) HOLLY HOKENSTROM, Plaintiffs, vs. ENVIRON TOWERS CONDOMINIUM ASSOCIATION, a Florida not-for-profit Corp, ANDRE CARRIER, and RICHARD ROSS, Defendants. / Ss AFFIDAVIT OF ANDRE CARRIER IN SUPPORT OF MOTION ; FOR SUMMARY JUDGMENT BY DEFENDANT RICHARD ROSS ANDRE CARRIER, being duly sworn, deposes and says: 1. I am a unit owner at the Environ Towers I Condominium ("Environ Towers") and have been a member of the Board of Directors of the Environ Towers I Condominium Association, Inc. (the "Association"), as well as the President of the Association, for the past several years. I am making this Affidavit in support of Defendant Richard Ross's motion for summary judgment. I have personal knowledge of the matters set forth in this Affidavit. 2. Environ Towers is a condominium consisting of two buildings located at 7100 and 7200 Radice Court, in Lauderhill, Florida, and contains 132 units. 3. I am well acquainted with Plaintiff Richard Ross, who has been a unit owner of an apartment at the Environ Towers building at 7200 Radice Court for many years, and is a unpaid volunteer member of the Association's Legal Advisory Committee along with myself,Michel Houle, and Guy LaFrance. The Legal Advisory Committee was formally established as a standing committee at a meeting of the Board of Directors in February 2012. 4. The members of the Legal Advisory Committee, both individually and collectively, assist in giving advice and making recommendations to the Board of Directors regarding the operation and affairs of the Association, but without the authority to make decisions or to otherwise act for or on behalf of the Association or the Board of Directors. 5. Because of his litigation experience, Richard Ross has also assisted the Board of Directors by monitoring the status of lawsuits involving the Association, and by occasionally preparing drafts of documents for the Association's attorneys, to use or not use as they saw fit. In one such lawsuit, the Association sued Plaintiffs for violating its 55-and-older age restriction, because Holly Hokenstrom was occupying the apartment she co-owns with her mother ("Unit 2-503") without a person aged 55-or-older in residence. 6. On November 5, 2011, the Association obtained a Final Summary Judgment against Holly Hokenstrom which ordered her to vacate Unit 2-503 by December 15, 2011. This deadline was subsequently extended by the Circuit Court to January 15, 2012. iP Because Holly Hokenstrom disregarded the "vacate" order after January 15, 2012 and continued to spend substantial amounts of time in Unit 2-503, in April 2012 the Association filed its first Motion to Enforce Judgment. I do not remember if Richard Ross assisted in preparing a draft of this motion, the filing of which was the sole decision of the Board without any involvement by Mr. Ross. Although this motion was withdrawn upon the advice of counsel, a subsequent motion was filed in August 2012 to enforce the summary judgment and to hold Holly Hokenstrom in contempt. That motion was granted by the Circuit Court in November 2012, although the contempt order was subsequently reversed on appeal.8. Richard Ross has never been a Board member or a “quasi-Board" member of the Association. He has never been authorized or "empowered" by the Board of Directors, or by any individual Board member, to act for or on behalf of the Board of Directors or the Association in dealings with unit owners or third parties or to make any decisions relating to ‘the affairs and business of the Association. 9. To the best of my knowledge, no Board member has ever held Richard Ross out as being an agent of the Association or of any Board member, or has otherwise made any representations to any unit owner or third party suggesting or implying that Richard Ross is authorized or empowered to act for or on behalf of the Association or the Board of Directors. To the contrary, Board members have always told unit owners and third parties that Richard Ross is merely a member of the Legal Advisory Committee. 10. In addition, to the best of my knowledge, Richard Ross has never held himself out or promoted himself as being a Board member, or otherwise as having any authority to act on behalf of the Association or the Board of Directors. Had Mr. Ross ever done so, and had such conduct come to the attention of the Board of Directors, we would never have acquiesced in such a misrepresentation and would have disavowed his actions. 11. Richard Ross does not have access to, and never uses, the Association's office and computer. To the best of my knowledge, Mr. Ross has never been given any access to private and/or confidential Association files and records, and could not have used any Association materials, correspondence or other records to obtain Holly Hokenstrom's Social Security number. By law, only members of the Board of Directors have access to unit owners’ application files, and such files are kept in the Association's office under lock and key.12. In or around the spring or summer of 2012, Richard Ross told me that Holly Hokenstrom had been arrested on felony drug charges in Collier County, Florida in 1986 and also had been arrested on misdemeanor drug charges in New Hampshire in 1977. My understanding was that Mr. Ross had obtained this information independently for use in Ms. Hokenstrom's civil restraining order case against him, and without any assistance or request from the Board of Directors. Out of curiosity, I went to the office and checked Holly Hokenstrom's application to purchase Unit 2-503, and discovered that she had checked off that she. had never been arrested. At no time, however, did I ever allow Mr. Ross to look at her application for occupancy, or the application for occupancy of any other unit owner. In addition, I never furnished Richard Ross with Ms. Hokenstrom's Social Security number. 13. By letter dated August 4, 2012, Richard Ross made a written request to the Association to revoke the approval of Ms. Hokenstrom's application for occupancy, on the ground that she had made a material misstatement about not having been arrested on that application. At that time, Mr. Ross furnished me with copies of documents from Holly Hokenstrom's criminal case file from Collier County, as well as other documents relating to her arrest in New Hampshire on misdemeanor drug charges. 14. In February 2013, the Board of Directors voted unanimously to revoke Holly Hokenstrom's approval to occupy Unit 2-503, on the ground that she had made a material misstatement on her application for occupancy about never having been arrested (see Exhibits A and B attached). At this meeting, Board members were allowed to review criminal case file documents relating to Ms. Hokenstrom's arrest record that had been independently obtained by Richard Ross the previous year. To the best of my knowledge, none of these documents haveever been divulged to any unit owner or third party and since that time have been maintained in confidentiality in Ms. Hokenstrom’s personal application file in the Association's office. Dated: Ai 3, 201k AC (DG! STATE OF FLORIDA _) COUNTY OF BROWARD) BEFORE ME, the undersigned authority, this day personally appeared Andre Carrier, to me personally known or who has produced a driver's license as identification and who, after first being duly sworn, deposes and says that he has read the foregoing Affidavit and that the facts contained therein are true and correct to the best of his knowledge. SUBSCRIBED AND SWORN TO before me this | 2-day of February, 2014. NOTARY PUBLIC -- STATE OF FLORIDA Sign. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular U.S. mail to Kraig Weiss, Silverberg & Weiss, P.A., attorneys for Plaintiffs, with an office address at 1290 Weston Road, Suite 218, Weston, Florida 33326 this?” day of Fehr 2014. ie Richard M. Ross, Defendant pro se 7200 Radice Court, Apt. 508 Lauderhill, Florida 33319 Tel. (954) 485-4019IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA VIRGINIA HOKENSTROM and CASE NO. CACE 14-000838 (18) HOLLY HOKENSTROM, Plaintiffs, vs ENVIRON TOWERS CONDOMINIUM ASSOCIATION, a Florida not-for-profit Corp, ANDRE CARRIER, and RICHARD ROSS, Defendants. / AFFIDAVIT OF MICHEL HOULE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY DEFENDANT RICHARD ROSS MICHEL HOULE, being duly sworn, deposes and says: 1 I am a unit owner at the Environ Towers I Condominium ("Environ Towers") and have been a member of the Board of Directors of the Environ Towers I Condominium Association, Inc (the "Association") for the past few years. I am making this Affidavit in support of Defendant Richard Ross's motion for summary judgment against Plaintiffs. I have personal knowledge of the matters set forth in this Affidavit. 2. Environ Towers is a condominium consisting of two buildings located at 7100 and 7200 Radice Court, in Lauderhill, Florida, and contains 132 units. 3. I am well acquainted with Plaintiff Richard Ross, who has been a unit owner of an apartment at the Environ Towers condominium building at 7200 Radice Court for many years, and is a volunteer member of the Association's Legal Advisory Committee, along with myself, Association President Andre Carrier, and Guy LaFrance. The Legal Advisory Committee was formally established at a meeting of the Board of Directors in February 2012.4. The members of the Legal Advisory Committee, both individually and collectively, assist in giving advice and making recommendations to the Board of Directors, regarding the operation and affairs of the Association, but without the authority to make decisions or to otherwise act for or on behalf of the Association or the Board of Directors. 5. Richard Ross has never been a Board member or a "quasi-Board" member of the Association. He has never been authorized or "empowered" by the Board of Directors, or by any individual Board member, to act for or on behalf of the Board of Directors or the Association in dealings with unit owners or third parties or to make any decisions relating to the affairs and business of the Association. . 6. To the best of my knowledge, no Board member has ever held Richard Ross out as being an agent of the Association or of any Board member, or has otherwise made any representations to any unit owner or third party suggesting or implying that Richard Ross is authorized or empowered to act for or on behalf of the Association or the Board of Directors. To the contrary, Board members have always told unit owners and third parties that Richard Ross is merely a member of the Legal Advisory Committee. 7. In addition, to the best of my knowledge, Richard Ross has never held himself out or promoted himself as being a Board member, or otherwise as having any authority to act on behalf of the Association or the Board of Directors. Had Mr. Ross ever done so, and had such conduct come to the attention of the Board of Directors, we would never have acquiesced in such a misrepresentation and would have disavowed his actions. 8. Richard Ross does not have access to, and never uses, the Association's office and computer. To the best of my knowledge, Mr. Ross has never been given any access to private and/or confidential Association files and records, and could not have used anyAssociation materials, correspondence or other records to obtain Holly Hokenstrom's Social Security number. By law, only members of the Board of Directors have access to unit owners’ application files, and such files are kept in the Association's office under lock and key. 9. In February 2013, the Board of Directors held a meeting at which it voted unanimously to revoke Holly Hokenstrom's approval to occupy Unit 2-503, on the ground that she had made a material misstatement on her application for occupancy about never having been arrested. At this meeting, Board members were allowed to review criminal case file documents relating to Ms. Hokenstrom's arrest record that had been independently obtained by Richard Ross the previous year. To the best of my knowledge, none of these documents have ever been divulged to any unit owner or third party and since that time have been maintained in confidentiality in Ms. Hokenstrom's personal application file in the Association's office. Dated: a Liflé cb Maes MICHEL HOULE ACKNOWL STATE OF FLORIDA __) COUNTY OF BROWARD) BEFORE ME, the undersigned authority, this day personally appeared Michel Houle, to me personally known or who has produced a driver's license as identification and who, after first being duly sworn, deposes and says that he has read the foregoing Affidavit and that the facts contained therein are true and correct to the best of his knowledge. SUBSCRIBED AND SWORN TO before me this ]7_ day of February, 2014. NOTARY PUBLIC -- STATE OF FLORIDAIN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA VIRGINIA HOKENSTROM and CASE NO. CACE 14-000838 (18) HOLLY HOKENSTROM, Plaintiffs, VS. ENVIRON TOWERS CONDOMINIUM ASSOCIATION, a Florida not-for-profit Corp, ANDRE CARRIER, and RICHARD ROSS, Defendants. / AFFIDAVIT OF GILLES VIEL IN SUPPORT OF MOTION FOR SUMMARY MENT BY DE ANT RICHARD ROSS GILLES VIEL, being duly sworn, deposes and says: 1. I am a unit owner at the Environ Towers 1 Condominium ("Environ Towers") and have been a member of the Board of Directors of the Environ Towers I Condominium Association, Inc. (the "Association"), as well as the Vice-President of the Association, for the past several years. I am making this Affidavit in support of Defendant Richard Ross's motion for summary judgment. I have personal knowledge of the matters set forth in this Affidavit. 2. Environ Towers is a condominium consisting of two buildings located at 7100 and 7200 Radice Court, in Lauderhill, Florida, and contains 132 units. 3. I am well acquainted with Plaintiff Richard Ross, who has been a unit owner of an apartment at the Environ Towers condominium building at 7200 Radice Court for many years, and is a volunteer member of the Association's Legal Advisory Committee along with Andre Carrier, Michel Haule, and Guy LaFrance. The Legal Advisory Committee was formally established at a meeting of the Board of Directors in February 2012.4. The members of the Legal Advisory Committee, both individually and collectively, assist in giving advice and making recommendations to the Board of Directors regarding the operation and affairs of the Association, but without the authority to make decisions or to otherwise act for or on behalf of the Association or the Board of Directors. 5. Richard Ross has never been a Board member or a "quasi-Board" member of the Association. He has never been authorized or "empowered" by the Board of Directors, or by any individual Board member, to act for or on behalf of the Board of Directors or the Association in dealings with unit owners or third parties or to make any decisions relating to the affairs and business of the Association. . 6. To the best of my knowledge, no Board member has ever held Richard Ross out as being an agent of the Association or of any Board member, or has otherwise made any representations to any unit owner or third party suggesting or implying that Richard Ross is authorized or empowered to act for or on behalf of the Association or the Board of Directors. To the contrary, Board members have always told unit owners and third parties that Richard Ross is merely a member of the Legal Advisory Committee. 7. In addition, to the best of my knowledge, Richard Ross has never held himself out or promoted himself as being a Board member, or otherwise as having any authority to act on behalf of the Association or the Board of Directors. Had Mr. Ross ever done so, and had such conduct come to the attention of the Board of Directors, we would never have acquiesced in such a misrepresentation and would have disavowed his actions. 8. Richard Ross does not have access to, and never uses, the Association's office and computer. To the best of my knowledge, Mr Ross has never been given any access to private and/or confidential Association files and records, and could not have used anyAssociation materials, correspondence or other records to obtain Holly Hokenstrom's Social Security number. By law, only members of the Board of Directors have access to unit owners! application files, and such files are kept in the Association's office under lock and key. 9. In February 2013, the Board of Directors held a meeting at which it voted unanimously to revoke Holly Hokenstrom's approval to occupy Unit 2-503, on the ground that she had made a material misstatement on her application for occupancy about never having been arrested. At this meeting, Board members were allowed to review criminal case file documents relating to Ms. Hokenstrom's arrest record that had been independently obtained by Richard Ross the previous year. To the best of my knowledge, none of these documents have ever been divulged to any unit owner or third party and since that time have been maintained in confidentiality in Ms. Hokenstrom's personal application file in the Association's office. Dated: og fir fry kite Gazz GILLES VIEL ACKNOWLEDGMENT STATE OF FLORIDA) COUNTY OF BROWARD) BEFORE ME, the undersigned authority, this day personally appeared Gilles Viel, to me personally known or who has produced a driver's license as identification and who, after first being duly sworn, deposes and says that he has read the foregoing Affidavit and that the facts contained therein are true and correct to the best of his knowlgdge. SUBSCRIBED AND SWORN TO before me this & da} of February, 2014. NOTARY PUBLIC -- STATE OF FLORIDA Sign:IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA VIRGINIA HOKENSTROM and CASE NO. CACE 14-000838 (18) HOLLY HOKENSTROM, Plaintiffs, vs. ENVIRON TOWERS CONDOMINIUM ASSOCIATION, a Florida not-for-profit Corp, ANDRE CARRIER, and RICHARD ROSS, Defendants. AFFIDAVIT OF RICHARD ROSS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY DEFENDANT RICHARD ROSS - RICHARD ROSS, being duly sworn, deposes and says: 1. 1am one of the individual Defendants in this lawsuit and am representing myself pro se. I am making this Affidavit in support of my motion for summary judgment. I have personal knowledge of the matters set forth in this Affidavit. 2. The Environ Towers I Condominium ("Environ Towers") is a condominium consisting of two buildings containing 132 units located at 7100 and 7200 Radice Court, in Lauderhill, Florida, and is operated by the Environ Towers I Condominium Association, Inc.(the "Association"). 3. [have been co-owner of an apartment ("Unit 2-508") at Environ Towers for over fourteen (14) years. I am also a volunteer member of the Association's Legal Advisory Committee along with Andre Carrier, Michel Houle, and Guy LaFrance. The Legal Advisory Committee was formally established as a standing committee at a meeting of the Board of Directors in February 2012.4. The members of the Legal Advisory Committee, both individually and collectively, assist in giving advice and making recommendations to the Board of Directors regarding the operation and affairs of the Association, but without the authority to make decisions or to otherwise act for or on behalf of the Association or the Board of Directors. 5. Because of my litigation experience, I have also assisted the Board of Directors by monitoring the status of lawsuits involving the Association, and by occasionally preparing drafts of documents for the Association's attorneys, to use or not use as they saw fit. In one such lawsuit ("the Hokenstrom lawsuit"), the Association sued Plaintiffs for violating its 55- and-older age restriction, because Holly Hokenstrom was occupying the apartment she co-owns with her mother ("Unit 2-503") without a person aged 55-or-older in residence. 6. On November 5, 2011, the Association obtained a Final Summary Judgment against Holly Hokenstrom which ordered her to vacate Unit 2-503 by December 15, 2011. This deadline was subsequently extended by the Circuit Court to January 15, 2012. True and correct copies of the Final Summary Judgment and Order Denying Stay Pending Appeal are attached hereto as Exhibits A and B. 7. Because Holly Hokenstrom disregarded the “vacate” order after January 15, 2012 and continued to spend substantial amounts of time in Unit 2-503, acting in my capacity as a unit owner without any involvement by the Association, I filed a Motion to Intervene in the Hokenstrom lawsuit in February 2012 for the purpose of obtaining judicial enforcement of the Final Summary Judgment. This Motion to Intervene was summarily denied by the Court. 8. In April 2012 the Association filed its first Motion to Enforce Judgment. The filing of this motion was the sole decision of the Board without any involvement by me. Although this motion was withdrawn by the Association, a second motion was filed in August2012 to enforce the summary judgment and to hold Holly Hokenstrom in contempt. My understanding is that this second motion relied upon video evidence which showed her frequent comings and goings to Unit 2-503. That motion was granted by the Circuit Court in November 2012, although the contempt order was subsequently reversed on appeal. 9. Ihave never been a member of the Association's Board of Directors or a "quasi- Board” member of the Association. I have never been authorized or “empowered” by the Board of Directors, or by any individual Board member, to act for or on behalf of the Board of Directors or the Association in dealings with unit owners or third parties or to make any decisions relating to the affairs and business of the Association. 10. To the best of my knowledge, no Board member has ever held me out as being an agent of the Association or of any Board member, or has otherwise made any representations to any unit owner or third party suggesting or implying that I am authorized or empowered to act for or on behalf of the Association or the Board of Directors. To the contrary, Board members have always told unit owners and third parties that I am merely a member of the Legal Advisory Committee. 11. In addition, I have never held myself out or promoted myself as being a Board member, or as otherwise having any authority to act for or on behalf of the Association or the Board of Directors. The Plaintiffs rely upon a police offense incident report for an incident that occurred on July 19, 2011 in support of their false claim that I have held myself out to others as being a Board member. However that report's erroneous information was based on the police ” officer's misapprehension of the facts, and as soon as I became aware of this, I had the report supplemented to accurately reflect that I was merely a unit owner and not a member of the Board of Directors. A true and correct copy of that supplemental report is attached as Exhibit I12. I do not have access to, and never use, the Association's office and computer. I have never been shown or given any access to private and/or confidential Association files and records, and could not have used any Association materials, correspondence or other records to obtain Holly Hokenstrom's Social Security number. 13. On December 6, 2011, Holly Hokenstrom filed a petition in the Circuit Court seeking an injunction for protection against repeat violence by me (hereinafter, “restraining order"), based upon purported threats allegedly made by me against her. The court granted Ms. Hokenstrom a temporary restraining order, which (among other things) prohibited me from going "to, in, or within 100 feet of: Petitioner's current address {list address} 7200 Radice Court #503, Lauderhill or any residence to which Petitioner may move ...." 14. In January 2012, I conducted an internet search on Plaintiff Holly Hokenstrom, for the purpose of determining if she had any felony criminal convictions that could be used to impeach her testimony at the upcoming hearing on her petition for a restraining order. Acting alone, and without any information furnished by the Association, I discovered that Ms. Hokenstrom had pleaded no contest in 1986 in Collier County, Florida to felony drug charges. Lalso discovered that she had been arrested on a misdemeanor drug charge in New Hampshire in 1977. True and correct copies of those search results are attached as Exhibits C and D. 15. Later that month, I drove to the Clerk of Court in Collier County and lawfully obtained copies of documents from Holly Hokenstrom’s felony criminal case file. Two of the documents that I obtained from the Clerk of Courts -- the booking report and a probation/corrections memorandum -- contained Ms. Hokenstrom's Social Security number unredacted. In March 2012, I wrote to the Collier Clerk of Courts requesting certified copies of Ms. Hokenstrom's booking report, criminal information, and judgment, for use as self-authenticating evidence at her restraining order hearing, and again received a copy of her booking report with Social Security number unredacted. True and correct copies of that booking report and probation/corrections memorandum are attached hereto as Exhibits E and F. 16. As of April 5, 2012, Ms. Hokenstrom’s temporary restraining order was still in effect. On that date, she called the police and accused me of having violated her temporary restraining order by posting a copy of the one-page "Final Summary Judgment" on the door to the fifth floor trash room. 17. The Lauderhill police officer who responded to this call came to my apartment and arrested me for the offenses of violating a restraining order and resisting arrest without violence. Later that month, the Broward State Attomey's office filed an Information charging me with the two misdemeanor offenses for which I was arrested. 18. I filed a motion to dismiss the Information on the grounds that: (a) as a matter of law, Officer Londono could not have had probable cause to arrest me for violating Ms. Hokenstrom's restraining order because she was no longer residing in Unit 2-503 at Environ Towers on April 5, 2012, and (b) Officer Londono illegally arrested me inside my apartment without a warrant. On June 28, 2012, Broward County Court Judge Mary Rudd Robinson granted my motion to dismiss the Information, ruling that because Ms. Hokenstrom had been judicially ordered to vacate Unit 2-503, it was no longer her "residence" and that the restraining order only prohibited me from coming within 100 feet of her "residence. 19. Inor around the spring or summer of 2012, L informed Defendant Carrier about Holly Hokenstrom's felony criminal record. Shortly thereafter, Defendant Carrier informed me that on her application for occupancy at Environ Towers, Ms. Hokenstrom had denied ever having been arrested. At no time, however, did Defendant Carrier ever let me look at HollyHokenstrom’s application for occupancy or any other confidential association records pertaining to her, ber mother, Virginia Hokenstrom, or any other unit owner. In addition, Defendant Carrier never furnished me with Holly Hokenstrom's Social Security number. 20. By letter dated August 4, 2012, I requested that the Association take action to revoke its approval of Holly Hokenstrom's application, on the ground that she had made a material misstatement about not having been arrested on that application. At that time, I furnished Andre Carrier with copies of documents from Holly Hokenstrom's criminal case file from Collier County, as well as other documents relating to her arrest in New Hampshire on drug charges. A true and correct copy of that letter is attached hereto as Exhibit G. 21. On June 28, 2013, after conducting evidentiary hearings that took place over the course of three separate days, the Broward County Circuit Court dismissed with prejudice Holly Hokenstrom's petition for a restraining order against me, finding that she had failed to offer sufficient evidence that under Florida law would allow the Court to issue a permanent restraining order. A true and correct copy of the dismissal order is attached hereto as Exhibit H. 22. Other than furnishing the Board of Directors with copies of her criminal case file documents, I have never disclosed Holly Hokenstrom's Social Security number to any person or entity. I have never been involved, directly or indirectly, in any alleged "identity theft" affecting Ms. Hokenstrom or in any unauthorized charges being made to her credit card account[s]. Although she claims that this purported identity theft occurred after Defendant Carrier allegedly gave me access to her Social Security number in or around February 2013, I already had obtained her felony booking report containing that Social Security number more than one year earlier, in January 2012.23. Despite her insinuations that I am responsible for her alleged “identity theft", I am aware that Ms. Hokenstrom would have had to disclose her Social Security number to third parties on at least two occasions last year: first, when she obtained a new job in April 2013 and would have had to furnish her Social Security number to her new employer, and second, when she and her mother purchased another condominium unit in Delray Beach in August 2013. A true and correct copy of a motion for continuance in her restraining order case evidencing Ms. Hokenstrom’s new employment is attached hereto as Exhibit J. pees. feb 2a, Rolf Ruf hese — RIC) ROSS ACKNOWLEDGMENT STATE OF FLORIDA) COUNTY OF BROWARD) BEFORE ME, the undersigned authority, this day personally appeared Richard Ross, to me personally known or who has produced a driver's license as identification and who, after first being duly sworn, deposes and says that he has read the foregoing Affidavit and that the facts contained therein are true and correct to the best of his knowledge. ad SUBSCRIBED AND SWORN TO before me this D2 Mtay of February, 2014. STEPHANIE CELIS jotary Public - State of Florida ‘My Comm. Expires Jan 9, 2016 Commission # EF 158039 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular U.S. mail to Kraig Weiss, Silverberg & Weiss, attomeys for Plaintiffs, with an address at 1290 Weston Rd., Suite 218, Weston, FL 33326 this ___ day of , 2014, _ Richard M. Ross, Defendant pro se 7200 Radice Court, Apt. 508 Lauderhill, Florida 33319 Tel. (954) 485-4019NARRATIVE Pages __of 8 7 ————<——_—_—_—[$ ———————————— jency ORI Incident Offense Report ‘Agency Report Number 1.061800 Additional Narratives 11074235 ‘Title: SUPPLEMENT REPORT SUPPLEMENT REPORT CASE # 11074235 OFFENSE: INFORMATION REPORT OFC. M. ABRAHAMS # 261 DATE: 10/28/11 ee On the above date contact was made with Mr. Richard Ross (listed as unknown subject in initial report) at 6279 W Oakland Park Blvd (Lauderhill PD) in reference to a correction to the original OIR. Richard explained he wanted to clarify his position as I listed him previously as a "board member". Richard stated he is not on the board and does not represent the “board"or the Attorney's office in any official manner, however, only was assisting in the legal issues. Richard clarified he walks around his building mainly for exercise, however, that if he were observing any violations he wuold then report them to the Board and/or Police. Richard stated this was a misunderstanding and an accidental communication error that resulted during my original investigation. FX HIRIT TEVENT DATA SUSPECT / MISSING PERSON DRUGS MISSING PERSON VICTIM / WITNESS Pagel _of 7 ¥ Original Ciduvenile © Supplement/Current [Agency ORI OFFENSE INCIDENT REPORT “Agency Report Number FL0061800 11074235 Reported: Day Date Time (rat) | Time Dispatched (rif) Time Arrived (mil) Time Completed (rail) Tuesday 07/19/201108:55 _| 00:00 00:00 09:30 ig oft. |e Victims [#Offenders [@Prem.Ent |2Veh. Stolen | Incident: Day = Dato Time (mi) = Day Date Time (mil) filo 0D 0 0 From Tuesday 07/19/201108:00 Tuesday 07/19/2011 08:45 imeident Location 799 RADICE CT LAUDERHILL FL 33313 aie nata Indicator 51 ZONE (NW) Method of Operation 557, Description of incident Location Type 4 PARTMENT CONDO Set Offense _‘Tvpa ‘@empllGomplete NGICIUGRCode Forced Entry OTHER INFORMATION REPORT c 00 N/A ‘Statute Violation Number: 1 Name (Last, First, Middle) ‘Suffix ‘Address (Street, Apartment Number) city State Zip Residence Phone Other Contact info (Time Available, interpreter) ‘Synopsis Of Involvement Business Phone Race Sex DOB Age] Res Type | Res. Status | Extent Of injury | injury Type Relationship ‘Occupation EmployeriSchoot ‘Address SSN Drivers License (Stato and Number) | Other ID (Number and State) care, Marks, Tattoos (Location and Description) | FCICINCIC Height Weight Eye Color Hair Color Hair Length Hair Style ‘Complexion Build Facial Hair Teath SpeechiVoice Ethnicity Indicator | involvement Type | Juvenile | Namo (Last, First, Midte) ‘Surtix ‘Suspect Code ‘Address (Street, Apartment Number) city State Reside Maiden Name NicknamelStreetname Place of Birth Business Phone Race Sex DOB Age Clothing Res. Type Res. Status ‘Occupation Employer/Schoo! Address ‘SSN Drivers License (State and Number) | Other ID (Number and State) KScars, Marks, Tattoos (Location and Description) | FCICINGIC Height Weight Eye Color Hair Color Hair Length Hair Style ‘Complexion Build Facial Hair Teeth SpeachNoice Ethntcity ‘Special Identifiers ‘Incident Type FoulPlay? | Missing Before? | Fingerprints? | Photo Avaliable? Date Last Seen [Tinea Seen Location Last Seen (Address, City, St) ‘Accompanied By WortalPhysical Condition Wedication RequirediType DoctoriDentist (Name, Phone Number) Property Carried Recovery information Type Deseription Satis "Quantity Measure ‘Strect Value ‘etivity 4 Tetivity 2 Retivity 3 CYUIRIT R _VEHICLE PROPERTY WEAPON NARRATIVE STATUS Page 2 of 7 Related To: ‘Status Code ‘Damage Code Type Veh.# | Year | Make Model ‘Style ‘VIN/Hull Number Tag Reg/Doc. # Piste State | Plate Year | Reg.State | Rog. Year Decal Number Tag Type Condition insurance Company Lien Holder Estimated Value ‘Color Description (identifying Characteristics Noticeable Damage, intertor Color, Etc.) Vessel Name ‘Length ‘Hull Material Propulsion’ Boat Type Recovery Loc. Recovery Code Recovery Address/Geographic Indicator Date Recovered Value Recovered ‘Method Of Theft . ‘Original Reporting Agency Report Number Hold Reason/Authority Components Stripped Towed By ‘Storage Location FCIGINGIG Person Code ttem # | Damage Code Type Status OTHER 1 MISCELLANEOUS OTHER ‘Quantity Name Brand Make ‘Model Sata ‘Number ‘Owner Applied Number Description (Size, Color, Caliber, Barrel Length, Etc.) DOCUMENTS Value Value Recovered ‘Date Recovered FCICINCIC $1.00 NO. Related To: Status Type OTHER KAYE, SUSAN ‘Bank/Card Issuer ‘Account Number Document/Serial Number Printed Name Payable To Face Signature Endorsement ‘Other Namo(s) ‘Service/Property Received 1D. Type 1D.No. Document Date “Amount Title: INFORMATION REPORT On July 19TH, 2011, at approximately 0900 hrs, I, Officer M. Abrahams # 261, was dispatched to 7200 Radice Court (Environ Towers) in reference to a disturbance between neighbors. Upon arrival the following information was obtained. Contact was made with Ms. Susan Kaye (reporting person) in her apartment on the first floor (1st) who stated he mother became scared of one of their neighbors earlier on today's report date. I spoke with Susan's mother, who stated the neighbor (white male subject) who resides on the fourth floor (4th). Report Contains Related Report Number(s) Reporting Officer/ID Reporting Officer/ID Unit Date 0261 ABRAHAMS MARK __0261__ ABRAHAMS MARK ___29B21 10/6/2011 11-39.36 AM. [CfficerReviewing (FAppicabie} 1D.Number Routed To Referred To ‘Assigned To By |CONCILLO, 9120 Case Status Clearance Type Date Cleared Number Arrested INACTIVE ian i 0NARRATIVE Page3__of 7 ney ORI Incident Offense Report ‘Agency Report Number 0061800 Additional Narratives 11074235 Title: INFORMATION REPORT Susan stated her mother was confronted by the adult male in the hallway and "scared" her. I spoke with the mother (name unknown at time of investigation) inside the apartment who stated while she was standing in front of her front door in the hallway; the male subject entered the hallway. The mother became scared and started to scream out loud. When the mother was asked if the subject stated anything at all to her she said "no". When the mother was asked if the subject made any aggressive gestures and/or movements towards her she said "no". When the mother was asked if the subject displayed or verbally mentioned any weapons she replied "no". Susan stated she and the male subject are currently having a civil dispute between who is legally allowed to reside at the apartment (Susan's apartment). I advised the mother according to her allegations; the male subject did not commit any criminal violation or any Lauderhill City Ordinance violation. Susan asked on scene that she feels a restraining order should be granted based on this situation. I explained to Susan and her mother there was no reason for a restraining order in this particular incident. I advised Susan and her mother I would still go upstairs and discuss the issue with the subject and get his side of the story. I made contact with the male subject (name unknown at time of investigation) inside his apartment. The subject stated he was so upset and annoyed with Susan and her family calling the Police and making "false" allegations against him. The subject's hands were physically observed shaking as he was attempting to explain his version of the incident. The subject stated he is currently on the Board for this complex and represents an Attorney Office which has currently filed a law suit against Susan and all other members residing there without allegedly following the required rules and regulations of the complex. The subject stated this entire offense and any allegation(s) that have been recently made against him are because he has been representing the Attorney's office against Susan and other's that are residing inside Susan's apartment (including the mother). The subject had numerous legal documents that he stated are from the Attorney's office that he was willing to display. The subject stated because he is on the Board of this complex, he is supposed to walk around the entire facility during morning hours to determine if any needs might be needed to any of the building (s). The subject stated he entered the hallway to Susan's building (which as previously stated, is also the same building he resides in) to conduct his routine check. As the subject entered the hallway, he observed who he knows as Susan's mother, standing in front of her front door. As he walked through the hallway, he looked over at Susan's mother and she immediately started to scream out loud for no reason. The subject stated Susan's mother startedNARRATIVE acy ORI Incident Offense Report ‘Agency Report Number 10061800 Additional Narratives 11074235 ‘Title: INFORMATION REPORT to hell "help me, help me!" The subject stated her actions made him nervous and he just continued to walk through the hallway and back upstairs into his apartment. The subject stated while he was in his apartment he "had a feeling" the Police would again be called on him. The subject stated he is so "sick and tired" of having the Police deal with him as if he is doing something criminally wrong and offered to provide a statement of any kind to assist in this incident. The subject was advised a statement would not be needed in regards to this. The subject also advised since this ongoing issue has become worse, Susan's brothers who allegedly are residing there without proper permission, allegedly has been making verbal threats towards him whenever they are "passing" in the hallway and/or elevators. The subject stated in order not to make matters worse for himself and his safety, he has not previously called the Police for assistance. The on scene investigation as previously explained to Susan, Susan's mother and Susan's brother, revealed there was no apparent criminal violation of any matter and no need for any further immediate investigation.