Defamation is a criminal offense per the Florida Statutes [s.836.01: Chapter 836 Section 01 – 2023 Florida Statutes (https://m.flsenate.gov/Statutes/836.01) – which is a first-degree misdemeanor and Chapter 836 Section 05 – 2023 Florida Statutes (https://www.flsenate.gov/Laws/Statutes/2023/836.05) – which is a second-degree felony]. The reason this is important is because individual Board members are only protected for civil matters – not criminal matters. The statute of limitations for defamation cases is 2 years from the date of the offense (so, 8 Feb 2026 in this case).

Four things make this defamation issue an easy case to win:

1. The email and mailed out letter sent out by the Board were very specific to me (my name was specifically identified 27 times throughout the allegations presented in the message – so there can be no doubt as.to who the target is). In addition, Betrand Fonji (no doubt with help from the other Board members presently comprising the Board majority), sent out a second defamatory message on 15 August 2024 designed to interfere with the 2024 elections.

2. The emailed messages and mailed out letter were distributed widely to the community via email and hard copy via U.S. Mail.

3. Everything is stated as facts in the emailed messages and mailed out letter (instead of as individual opinions).

4. Me being able to prove that several of the allegations are false which I was able to do with the 100+ page response I drafted and the supporting evidence including Official Association Records, email traffic, and other documented evidence.

Now, if the Board would have just announced the Board decision regarding the change and stated that the Board majority felt it was the right thing to do and left it at that, then there would be no case for defamation and everything would be just fine. The problem, however, is they went far beyond that to include sending out a second defamatory message on 15 August 2024.

Below are each of the specific topics available to owners. These are associated with each of false allegations as well as issues with the three (3) Board members comprising the present Board Majority:

1. INTRODUCTORY REMARKS – SETTING THE STAGE: This provides the background information.

2. BOARD PRESIDENT CHANGE

3. OWNERS FACEBOOK GROUP

4. FLOORING INSTALLATION

5. ROOF ISSUES

6. FSR SETTLEMENT

7. ASSOCIATION ATTORNEY SUPPORT

8. 2024 BUDGET

9. UNIT 540 RESIDENT ISSUES

10. RESERVES SHORTFALL ISSUE

11. REGULATOR OVERSIGHT

12. ACTING IN THE BEST INTERESTS OF THE COMMUNITY

13. 2023 BOARD ELECTION

14. CONTRIBUTIONS LIST: This highlights the specific contributions I’ve made to our building and community

15. REPORT ON BOARD ISSUES EXPERIENCED TO DATE. This topic covers:

a. Board Transparency and Accountability issues,

b. Board Domination and Exclusion issues.

c. Rental Management issues including the removal of Krissy and the Rental Management program from Uptown Place and transferring this function remotely to the Don Asher office.

d. Issues with Financial Discipline.

e. Lack of Board Urgency and Sensitivity for Addressing Important Building Issues and Owner Concerns including the stormwater system, gutters, and surge protector.

f. Stealth Security Monitoring System issues.

Please contact me at joe.brennan85@gmail.com if there are specific topics you have interest in or are concerned about or if you have any other concerns that I have not addressed. I have a lot of details and supporting evidence I can provide including official Association records, email messages, and other supporting facts.