May 14, 2004
TO: Members of SBCW
As you may or
may not be aware, SBCW has been experiencing a problem created by a new owner. The Board feels that it is necessary to inform
you, as members of the association and property owners of the events.
July 28, 2003 Mr. and Mrs.
George Simpson closed their purchase of Unit C-4.
August 2003 Without the
permission or knowledge of the Board of Directors of SBCW, the Simpsons removed the
bearing wall between the living room and the front porch, including the bracing at each
end of the wall. This renders the building
unsafe as the essential bracing has been removed
. See Response
October 2003 Mr. Simpson gives
an undated letter to General Manager, Frank Barry, asking for permission of the Board of
Directors to change the front windows of their apartment.
November 10, 2003 Mr. Simpsons
request is placed on the Board of Directors meeting agenda. He and Mrs. Simpson presented their case for
changing the windows and are told that they cant do this by the Board President
Steve Kershner. Other board member comments
are negative on the changes, but out of respect to an owner, he is told that the Board
will continue to discuss the situation and that the Board will let him know the results.
November 28, 2003 Jack Donahue,
a Board member, writes a letter to Mr. Simpson, stating that the Board has denied the
request to alter the windows of C-4.
Subsequent to the November 10, 2003
board meeting, Mr. Simpson begins to call and write letters to the Board of Directors and
General Manager and publish on a website (SapphireBayCondos.com) comments calling various
members of the Board and the General Manager liars, cheats, dishonest and other terms
deemed slanderous and libelous by the Boards attorney, Andrew L. Capdeville. Those comments have continued to the present time
(May 2, 2004)
February 16-20, 2004 Steve
Sokolow, a member of the Board of Directors and Frank Barry, General Manager discover that
the bearing walls in the Simpsons apartment have been removed.
March 11, 2004 Udo Penther, a
Registered Professional Engineer, provided a report to the Board of Directors stating that
the removal of the bearing walls in the Simpsons Apartment created an extremely
March 17, 2004 -- At a Board of
Directors meeting Mr. Simpson was officially given 30 days to correct the unsafe condition
in his apartment.
March 19, 2004 Steve Kerschner,
Board President, officially notified Mr. Simpson, by registered mail of the Boards
action directing Mr. Simpson to correct the unsafe condition in his apartment.
March 31, 2004 Since there had
been no communication from Mr. Simpson concerning the bearing walls and he, during General
Manager Frank Barrys absence, replaced the windows contrary to the Boards
decision, the Board of Directors held an emergency meeting and authorized legal action to
be commenced by Attorney Andrew Capdeville.
April 12, 2004 --- A lawsuit was filed
to enforce compliance with respect (to) replacing the bearing walls in Simpsons
apartment and to remove the windows he installed, replacing the original windows.
April 20, 2004 A civil action
for damages, including punitive damages was filed against Mr. Simpson to force him to
cease his conduct against the Board of Directors and the General Manager, as well as his
statement on his web site which he has labeled the official web site of SBCW,
which your Board believes damages our whole community.
April 22, 2004 In Mr. Simpsons
response to the lawsuit to require him to return his apartment to a safe condition and to
remove the windows and replace them with acceptable ones, he states that he hired Udo
Penther, the Boards expert, to provide him with a proposal to cure the deficiency
and work has commenced. This may or may not
be true. What is true, however, is that prior
to this response, neither the Board nor the General Manager has had any notice of this. In
a phone call to Mr. Penther to verify Mr. Simpsons statements, Mr. Penther said that
he could not comment on any of this, as Mr. Simpson had sworn him to secrecy. The Board finds this very curious and wished that
Mr. Simpson had kept us informed, which might have avoided costly litigation.
May 5, 2004 As a response to Mr.
Simpsons complaint to The Virgin Islands Department of Planning and Natural
Resources wherein he listed the following apartments:
A-2, A-4, A-14. A-18. A-20. B-2. B-7, B-8, B-9, B-10, B-11, B-12, B-13,
B-16, B-17, B-18, C-1, C-3, C-4, C-6, C-8, C-23, C-24, C-26, C-29, C-30, C-32, C-34, C-36,
D-2, D-6, D-17, D-20, D-21, D-25, D-26, D-27, D-30 and D-34, we have been informed that a
DBNR representative will be on the property Monday, May 10, 2004 to personally inspect all
of these apartments.
May 12, 2004 The inspection was
made on May 12, 2004. Frank and Bud Wood
accompanied the inspectors they found no major problems.
Several suggestions were made concerning smoke detectors and Ground Fault
Interrupter switches. The DPNR
respresentatives indicated they will send a written report in a few days.
Your Board of Directors has been forced to engage in
litigation because of the lack of communication from and the uncooperative nature of one
of our owners as well as the derogatory comments concerning the Board, the General Manager
and Sapphire Bay Condominiums West that this owner published on a web site. This is unfortunate and your Board regrets having
to pursue these actions, but feels that they are necessary for the safety and quiet
enjoyment of all owners at SBCW. See Response
This owner is costing all of us. The Board believes that his web site may have a
negative effect on the currently rising property values here at SBCW. In addition, his allegations and actions are
taking a great deal of Franks time away from the normal, day to day operations Frank
has to deal with. We are also incurring legal
frees for the necessary litigation we are pursuing. We
have reason to believe those fees will be recovered.
SBCE BOARD OF DIRECTORS