March
24, 2004
Virgin
Islands Bar Association
Post Office Box 4108
Christiansted
St. Croix, VI 00822-4108
Ladies
and Gentlemen:
Please
refer to my VIRGIN ISLANDS BAR
ASSOCIATION GRIEVANCE FORM dated March 8, 2004, subject: Andrew L. Capdeville.
This letter contains
additional information to support my March 8, 2004 application.
The following is
additional information on the dishonest activities of Andrew L. Capdeville:
George
R. Simpson and Bill Dzio, both Sapphire Bay Condominium West (SBCW) unit
owners, made an appointment with Manager, Frank Barry, to audit the books of
the SBCW Association. The appointment
was for !:00PM on Wednesday March 10, 2004.
But Frank Barry did not make himself available until about 3:00PM. At
about 4:45PM, having only viewed and discussed “non books” items, they left the
office, making an appointment with Frank Barry to begin the audit of expenses
and income on Friday, March 12, 2004. On March 11, 2004, Frank Barry said that
“The Board” had told him that Bill Dzio and George Simpson were not allowed to continue
the audit. Frank Barry did, however, allow Bill Dzio to spend 1 1/2 hours auditing
the books on March 12, 2004. George Simpson was prevented from conducting the
audit. There was no explanation of why
Mr. Dzio was allowed to conduct the audit, and Mr. Simpson was prevented from
conducting an audit.
On
March 12, 2004 and March 13, 2004, Frank Barry provided George Simpson with
letters from each of the five SBCW Board members (attached hereto). Four out of five of the letters refer to Attorney
Capdeville’s letter dated March 11, 2004, (They would not provide George
Simpson with a copy of that letter from Attorney Capdeville).
All
of the five letters from the SBCW Board members were wrong. Apparently, Attorney Capdeville, in his
letter, advised that an owner could only look at audited yearly statements and
the monthly financial statements (unaudited).
If
Attorney Capdeville said that, he was lying.
He could not have been that ignorant of the the Condominium Act of the
Virgin Islands.
It
is hard to imagine that each of five SBCW Board Members, with advice from a “lawyer”
could be so ignorant of the VI Condominium Act.
Attorney
Capdeville is a danger to the SBCW owners, the Association, and SBCW Board of
Directors, who have paid for advice. His
advice has resulted in the Association breaking the law in preventing George Simpson
from auditing the books. It is George
Simpson’s right as an owner to audit the books, under the Condominium Act.
Attorney
Capdeville has really lost it (if he ever had it). He should be forbidden from practicing law -- to protect others
and himself.
Section 919 of the VI Code, Condominium Act; Books of receipts and expenditures; availability for examination; annual audit
“The manager or Board of Directors, as the
case may be, shall keep detailed, accurate records in chronological order, of
the receipts and expenditures affecting the common areas and facilities,
specifying and itemizing the maintenance and repair expenses of the common
areas and facilities and any other expenses incurred. Such records and the
vouchers authorizing the payments shall be available for examination by the
apartment owners upon reasonable notice in advance at convenient hours of week
days. An annual audit by an independent
auditor shall be made of the books and records.”
Very
truly yours,
George
R. Simpson
Attachments:
1. Handwritten letter from J.
R. Donohue, (SBCW Board Member) to Frank Barry
2. Handwritten letter from Edith
A. Rohman, (SBCW Board Member) to Frank Barry
3. Typed letter from George C.
Wood, (SBCW Board Member) to Frank Barry
5. Typed letter from Stephen
Sokolow, (SBCW Board Member) to Frank Barry