Briefing Update as of May 19, 2021

May 19, 2021

This email contains a brief overview of new information since our last newsletter. To help keep this briefing short and simple, we have provided a few links to the web site for those who desire expanded information.

LITIGATION: The Club still remains active in four lawsuits, all accessible on our Litigation page.

  • The Club vs. Kennedy:
    • The Club cancelled all six depositions they had scheduled for this week.
    • The parties have a hearing with the Judge via Zoom on Tue, May 25, 2021, 8:30 a.m.
  • Borers vs. the Club:
    • On May 12, 2021, the Club filed notice they had posted a bond for the full judgment that was required for appeal, but this only came the day after Borer’s attorney filed a Motion for a Writ of Garnishment because the Club had failed to post this bond.
    • Other non-public documents related to administration of the Club’s appeal were added to the docket by the Broward County Clerk of the Court.
  • Sanchez vs. the Club:
    • Sanchez’s attorney filed an “amended” verification of the service of summons issued at the home of the then Club Vice President, Tor Holm.
    • The filing was apparently intended to extinguish the Club’s claim they have not been properly served.
  • Sunwood vs. the Club:
    • We are unaware of any new developments in this case.

CLUB OFFICER SHUFFLE: On May 3rd, the Club’s newly-promoted Vice President, Greg Worley, sent an email announcing that Treasurer Andrew Bilukha had verbally resigned and had been replaced on May 2nd. This is an odd and unexpected resignation because Bilukha just ran for re-election a couple months earlier. It’s stranger still because Bilukha – who is not known for silence – had nothing to say for himself to the membership. Remember last year where the membership elected five Board Members for full terms, but within three months, two had resigned and been replaced by Board vote with no advance notice to the membership? Yes, the By-Laws allow the Board to elect replacements to fill interim vacancies, but the occurrence of four no-notice replacements in two years implicates leadership instability within the Club. Since the leadership had previously pledged transparency to the membership, it seems they should have informed the membership of these vacancies in advance of any Board election and solicited candidates before taking further action. It is also conspicuous that Bilukha’s resignation triggered the Board to move Tor Holm from Vice President to Treasurer, move Greg Worley from non-officer Board member to Vice President, while simultaneously electing a very new Club member to replace Worley’s non-officer Board member position. It would seem this leadership really wants to cover the officer positions, and the Treasurer position in particular, only with its trusted agents.

TREASURER PERFORMANCE ISSUES: The membership will probably never know if there’s more to Andrew Bilukha’s resignation and the resulting May 2nd officer shuffle, but there are more than a few considerations, including:

  1. Bilukha spent $4,000 of Club money last year for a “forensic accountant” but no report or information from that engagement has ever been distributed to the membership;
  2. During the January 11, 2021 membership meeting, Bilukha claimed he could not recall the name of the accountant and committed to provide it later, but apparently never did;
  3. Seconds later, Bilukha announced he would no longer provide monthly balance sheets;
  4. The Club’s Annual Report was not filed with the State of Florida by Bilukha by the deadline of May 1, 2021. Tor Holm filed it 12 days late, presumably with penalties, on May 12, 2021; and
  5. Tor Holm has no previously-disclosed accounting experience that would assist him in a Treasurer role, another indication the shuffle may have occurred for undisclosed reasons.

SHORTCOMINGS IN FLORIDA DEPARTMENT OF STATE FILINGS:

  • Address for Club’s Registered Agent (Gregory Gilhooly) is not Valid: Beyond the Club’s 2021 Annual Report being filed 12 days late, it is conspicuous that the new Treasurer, Tor Holm, filed the 2021 Annual Report with designation of an address for the Club’s Registered Agent (Gregory Gilhooly) that Tor Holm had firsthand knowledge was not serviceable for at least a month because the process server in the Sanchez case could not serve Gilhooly there. The process server documented multiple attempts to serve the summons there, and eventually made contact with a resident who said he was renting from Gilhooly and presumably would not accept service. The process server eventually served the Club at the address the Club has on file with the State of Florida for the Club’s Vice President – Tor Holm.
     
  • Club Has Not Filed Amended Articles of Incorporation: Additionally, there is no indication that the Club has ever filed its allegedly amended Articles of Incorporation as required by Florida law. We have previously discussed the paradox of the Club’s method of the amendment, essentially allowing non-citizens to vote on an amendment to make them citizens. Beyond that, the State of Florida has specific requirements for what must be stated in amendments, requirements the Club may now realize could be problematic because the State requires the Club to verify existence of a quorum, vote results, and meeting details. In consideration of the difficulty the Club has had even reporting such basic details to the Club membership, it is entirely possible the Club’s Board has also concluded the amendment was a defective corporate act, is therefore void, and they do not want to make matters worse by making potentially false claims to the State of Florida.

That is all we have for now. Please continue to send your feedback!