Following is a copy of a letter that Elaine Gatsos, attorney for the Association, sent to the Board regarding the Wrabel case.

Law Office

Elaine M. Gatsos

Suite 412-Interstate Plaza

1499 West Palmetto Park Road

Boca Raton, Florida 33486

September 9, 1994

Transmitted by facsimile

(407) 750-4528

Palmetto Pines Homeowners

Association, Inc.

c/o Lang Management, Inc.

5295 Town Center Road, Suite 200

Boca Raton, Florida 33486

re:  Palmetto Pines Homeowners Association v. Wrabel

Dear Board Members:

The purpose of this correspondence is to dispel the rumors and incorrect news article appearing in the West Boca Times concerning the enforcement case involving the Wrabel family.  It is my policy not to grant interviews with any reporter because of inaccuracies I have had to deal with in the past.  However, several of the statements made in the article published on September 7, 1994, must be addressed to avoid confusion within Palmetto Pines.

As you know, the Wrabel case was the first of the enforcement matters to go to trial.  Most of the other cases have settled with stipulations being signed by the homeowners.  The remaining cases are progressing to trial.

The Wrabel trial was set for August 31, 1994.  During my opening statement, Judge Stewart asked the legal basis or document upon which we were relying to enforce the parking rule.  I replied the Declaration of Restrictions.  He then stated that in his review of the Declaration it appeared that only the original developer could enforce the restrictions.  This issue had not been discussed by the Wrabel's attorney, Louis Alfonso, and myself to any great extent prior to trial, although Mr. Alfonso had denied this point in his written answer to the complaint.

Following the opening statements, but prior to calling our first witness, I requested a recess to discuss this problem with Chris Fluehr who was acting as the Association's representative during the trial.  He indicated to me that to the best of his knowledge there was no formal assignment of the developer's rights to the Association.  Chris did say that there was a formal turnover meeting at which time the Association began acting in the shoes of the developer.

After that conversation, I decided to put on our case and judge whether there was sufficient testimony from Chris Fluehr, Ken Tubbs and Frank Kneiser to independently establish a formal assignment of the rights of the developer.  Although all three were great witnesses, unfortunately, the testimony that was given was not, in my opinion, enough to avoid losing the case on this technicality.  Therefore, before formally closing our case, I announced our voluntary dismissal of the lawsuit.

To set the record straight and to correct the statements in the paper:  1) the judge did not dismiss the case, I did; and 2) it is not a "bizarre turn of events" to present evidence, to decide it is not coming across the way the trial attorney wants and then dismiss the case at that point.  That is all that happened in this case.

THIS DISMISSAL DOES NOT PERMIT THE PARKING OF PICK-UP TRUCKS IN DRIVEWAYS IN EXCESS OF FOUR HOURS.  In fact, no decision was made on the merits of the case.  Furthermore, it is my recommendation that the case against the Wrabel family be filed again.  This too is the right of the Association.

The bottom line is that the Declaration of Restrictions are reasonable, it protects property values in Palmetto Pines and should be enforced by this Board.  Failure to do so would be a disservice to the homeowners.

If you have any questions concerning the above, please do not hesitate to call my office.

                                            Very truly yours,

                                            Elaine Gatsos

Last modified: June 13, 2001

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