Larry Greenberg Richard Bort Board Members

[Daniel Minnis]

Cascadas Members,

 

On May 31st 2021 Larry Greenberg reached out to me via email pleading with me to call him.  I jokingly replied that I was afraid his wife Claire would answer the phone and I was already sleeping with one eye open because she may know my address.  Larry called me at 9:24 pm and we talked for over an hour rehashing the “access to records”, Bylaw fiasco etc….I did get Larry to confirm that Richard Bort’s claim that was published to members was deceptive.  Richard didn’t discover the egregious omission in 3.8 of the bylaws nor is Microsoft at blame.  Larry and I walked through my discovery of the omission the day it was published for vote and my alerting members the following day on social media.  I then called Larry and he was apologetic and astonished member rights had been violated.  Larry then said he can’t remember exactly but maybe he called Richard.  Richard deceived members by stating he and he alone found the error and corrected it several days later.

 

Larry believes, and I believe he believes Richard may not have intentionally violated the law and member rights with the April 2018, October 2018, and Bylaw omissions which clearly violated member rights.  Frank Barone, Lawyer and Member who specializes in Association Business Law said it best when he stated to me the following:

            

Limiting the rights to “examine” to the 3 items is beyond ridiculous. “Discovery” is my forte - as the people at City Hall and certain corporate executives have learned. The good stuff is always in the bottom drawer. And they look you in the eye and lie about it - almost universally true. They have adjusted their consciences accordingly.

 

Organizations everywhere incorporate in Delaware because it has the loosest corporate statutes.

 

Do our directors know that the “reply all” button is their enemy?  That an email between more than two of them constitutes a Board Meeting with a requirement for publication and minutes? 

 

Since 1970 I have been actively involved in managing and evaluating Homeowners Associations and concurrently practicing Administrative Law - holding all manner of Bureaucrats responsible. Simple truth is that “ The ability to get elected is absolutely unrelated to an aptitude for governance “. Of course there is some euphoria to being elected - back to “ pick me; pick me “ on the playground. It is not a measure of performance.

MEMBERS HAVE AN ABSOLUTE RIGHT TO EXAMINE ALL BOOKS AND RECORDS AND PROCEDURES UNDER REASONABLE CONDITIONS. PERIOD. HOA Boards and Bureaucrats get testy, smug and arrogant - mostly to cover up their incompetence or wrongdoing; or because they have “Christus Complex” about their position.

I have proved it over and over and over in the trenches, the highest level of the Courts and the President’s Cabinet.

Cascadas does not need litigation. Some Board Members need to get over themselves.

 

 

Frank has opened up another can of worms about meeting laws and requirements but that is a discussion for another day.

 

 

I emailed Aida Trujillo and Mark Giddings this morning and for transparency purposes here is what I said:

 

Aida, I didn’t sleep well last night after talking with Larry.  We spent an hour and accomplished very little but I learned much because Larry has loose lips.

 

Here is a synopsis:

1.  Larry does not believe Richard intentionally violated Delaware Law and I pointed out to him that all of these motions to restrict “books and records” happened at the same time Steve was requesting them.  Larry admitted the motion was ambiguous at a minimum and that is why the Board fixed them by rescinding the Policy.  I admonished Larry and the Board and reminded Larry that had it not have been for my demands the Policy would still be in place.

 

2.  Larry says Mark is ineffective as a Board Member.  I said well what about David on the board and let Mark focus on being Project Manager.  He said they tried that before and it didn’t work out he seemed confused on wether it was Greg or David but nonetheless not effective.

 

3.  Larry said I need to stop telling membership things are improving on the Board because Aida.  He said you have some good ideas but it is HE, Larry, and the rest of the board  who has implemented most of the changes towards better business practices.  He gave a specific example of the hurricane repairs and Change Orders under Daniel’s rein.  He said HE is the one who has beat Mark “over the head” about proper change orders after they stood on the balconies of Pueblo Rose and surveyed the damage to the roofs and Cascadas.

 

4.  Larry laid it on thick concerning Marty Russel’s qualifications and developer experience.  

 

5.  He jumped from topic to topic about his plans to go see his sister in NJ, a cruise to Brazil etc...Covid and how it has put brother-in-law? Or friend in rehab.  I don’t remember which because he was rambling so fast I couldn’t keep up.

 

6.  He said he has developed a new planning committee to keep Mark in line.

 

7.  He said Miguel is the best manager they have ever had.  I gave him specific examples of why I disagree from my own personal experience and he countered with Miguel using his “own team” to spruce up units.  I said good that his job but I have complaint after complaint from members.  

 

8.  Larry says he is President now and should be again next year.

 

9.  He said Mauricio is good but his Mexico City Culture can create issues.

 

I was tempted to keep all of this from you but in good conscience am sharing because WE, THE CLUB, have a real problems, bigger than access to “books and records”

 

I am convinced Richard Bort should not be on the board because of the mistakes of governance that has provided fuel to the fire of lack of transparency.  Now I am even more confident Larry may be the biggest problem of this Board because of his grandiose mentality and the thrill and addiction to “power” he gets by serving as a board member.  He is in love with this power instead of being in love with the humility service on a volunteer board provides.  

 

For thirty years I have served on volunteer boards and have seen effective and ineffective board members come and go.  The GOOD ones are serving because they want to give back to the organization and have a deep seeded need to fulfill the “cause”.  In Club Cascadas’s world that cause is “the Club gave us and continues to give us a vacation experience like no other.  The sheer uniqueness of the resort, the enduring customer service from dedicated employees who have become like family.  More important are the friendships and relationships with other members that we develop over the years and our ability to call these people our “best friends” even though distance separates us when we leave and it may be a year before we reunite.

 

Ohhhh, Aida,  this current make-up of the Board is not what the Club needs and deserves.  I am having serious second thoughts about serving if elected because of people like Larry.  Mark, I know I can work with.  You, I know I can work with you.  Marty Russel?  I know he has a strong heart for God so I am sure we can find common ground.

 

Larry should not have thrown Mark and you under the bus but typically insecure people do this with the people they are most threatened or intimidated by.  Both Mark and You have the confidence of thousands of members and I get the feeling Larry knows he will never have that.

 

Larry and I talked about Frank Barone and Larry is pissed off Frank came out in support of me.  He said he as known Frank for years and considered him a close friend and they talk every year because they are at the Club at the same time.  I told Larry that I don’t really know Frank but Frank’s legal and HOA background gives him a leg up on deciphering the Board Minutes, Bylaws, etc...once Frank read the blunders in black and white “the boards own words” he knew you all violated fiduciary duties.

 

Aida , is this all worth it?  I hate committing to causes that can’t achieve a common end goal and the current team is questionable.  

 

Dan

 

In addition to this synopsis to Mark and Aida I also must add that Larry said board member Marty Russell is no longer engaged in the board like he was in the past and he didn’t know what was wrong with Marty but he is not the same.

 

Cascadas Members,  the entire board is now aware of this conversation and the betrayal and shame Larry Greenberg has brought on the board and OUR CLUB.  Knowing how damaging this is and the history of lack of transparency the Board will meet via email and phone calls and try to do damage control.  They will once again call me a liar and write this off as Dan Minnis nonsense.  I caution Larry and the rest of the board in trying to deny or cover-up this painful situation.  There were THREE other Cascadas Members present in my home during this conversation who were and are still shocked as I am about WTH transpired and what came over Larry to make these admissions and statements.

 

What should the Board do?  They should confront Larry with what I have stated.  There is always two sides to the story and Larry deserves to be heard.  The Board should then make a decision based on these questions:

 

1.      Larry did you plead with Dan Minnis for him to call you and ultimately end up calling him and discuss Board and Management Business with Dan?

2.     Larry did you say Mark, David, and or Greg were ineffective Board Members?

3.     Larry did you say Marty Russell was no longer engaged?

4.     Larry did you admit that Richard Bort was deceptive in his publication to members about the discovery of the egregious 3.8 omission of the Bylaws?

5.     Larry did you disrespect other board members or our COO in any of your statements?

 

If Larry is truthful and answers affirmative to even one of these questions then he has violated his Fiduciary Duties as a board Member of Club Cascadas and should resign or be removed from the vote by a majority vote.

 

In turn, Richard Bort who is the root cause of all the “access to books and records” fiascos should resign and his name should be removed from the election ballot.  Richard Bort may believe he discovered the egregious omission but Larry confirmed to me that to be inaccurate and deceptive.  If Richard doesn’t resign then the board by majority should vote him off. 

 

Marty Russell, Mark Giddings, and Aida Trujillo I know this is difficult, nauseating, and hurtful to you individually and as a Board but it is just as painful to We Members who elected you to your positions.  There is no Right Way to do the Wrong Thing.  Examine the bylaws, codes of conduct of Board Members, Delaware Laws of Fiduciary Duties and do the Next Right Thing and be TRANSPARENT when you make a decision!

 

Members, call Trading Places or email droa...@tradingplaces.com and request to VOID your previous vote and amend a new ballot.  Do not give the board your Proxy, vote for who will best serve Cascadas and obey the laws while fulfilling their duties.  I’m not asking for your vote, just asking that you weigh this horrible revelation and vote your conscience.

 

Sadly,

 

Dr. Dan Minnis

 

 

 

 

 

 

 

[Brian]

Wow. I thought this email group was for helping members with renting units, restaurant suggestions, airport transfers etc.   Not slandering one another and repeating hearsay.  

That being said we are looking for a 2 bedroom unit for week 47 this year. 

Sent from my iPhone

On Jun 1, 2021, at 1:58 PM, Daniel Minnis <dminn...@gmail.com> wrote:



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[Brian]

Wow. I thought this email group was for helping members with renting units, restaurant suggestions, airport transfers etc.   Not slandering one another and repeating hearsay.  

That being said we are looking for a 2 bedroom unit for week 47 this year. 

Sent from my iPhone

On Jun 1, 2021, at 1:58 PM, Daniel Minnis <dminn...@gmail.com> wrote:



Cascadas Members,

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[Carol Felixson]

Dear Cascadas members,

My husband and I have had the pleasure of being members of Cascadas for close to 15 years. All our dealings with the Club have been exceptionally positive with the exception of the nastiness that has characterized the Google Group communications in the past few years and certainly in the past month or so.

It saddens and concerns me a great deal to see the negativity and vitriol aimed at Larry Greenberg who I know to be a great friend and champion of Cascadas. 

I know first hand how much time he devotes to the Club - both when he is at Cascadas and when he is stateside or even on his vacations away from home. He spends hours daily on Cascadas business and personal/public relations.

Before you start to throw stones, think about who you are throwing at, and who is/are the people who are encouraging you in this despicable behavior.

Larry deserves our appreciation and thanks. Not the attacks that have been forthcoming.

Sincerely and respectfully,

Carol Felixson

Weeks 44, 45

 ~ Carol Felixson ~

***********************

caro...@yahoo.com

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/6F5310C7-76C0-4EB7-8B05-119755FDA749%40gmail.com.

[Daniel Minnis]

June, thanks for your input and you are right that mistakes happen.  The Board of our fabulous Cascadas went beyond mistakes and violated the law.  The only attempt to fix them came when I discovered the egregious violations.  After rescinding the illegal policies they then erred illegally and egregiously on the Bylaws that govern our Club.  Once again I had to report the omissions and then and only then did the Board correct the problem.  The last thing we need is a divisive and disruptive Board and if elected I will insure they adhere to the laws that govern our Club.

On Wed, Jun 2, 2021 at 12:13 PM June White <jun...@aol.com> wrote:

Dan,

Electing you to the board will be a disaster for all of us. Boards do make mistakes and try to fix them. The last thing they they need is a divisive and disruptive member who will.make any discussions impossible.

Sent from AOL Mobile Mail

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This is a group for individuals who owners in Club Cascadas Legacy, who wish to discuss how to improve the resort as well as voice their valid concerns about our Club Cascadas ownership/membership. If you need any assistance please contact Rosemar...@aol.com
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[Bernardo Jaduszliwer]

My very wise secretary once told me “never fight with pigs.  You both get dirty, but the pig enjoys it”.  I have tried to follow her advice.  But this has gone way beyond what is acceptable.

This is the Club Cascadas reality:  over the last ten years the Club went through two hurricanes (one of them very destructive) and a fourteen months and counting pandemic.  The Club not only survived all that with as low an impact on owners as possible, but it has seen a steady Villa remodeling campaign that is bringing it up to the highest resort standards.  And all that with modest assessment increases.  In a complicated legal and financial environment.  And having to manage the transition away from developer ownership at the same time.  That is what our dedicated and able Board has done, and that is what we should be considering when voting.  

Did the Board make mistakes along the way?  I am sure they did.  But I am not going to stand by and allow the “transparency” jihadis to muddy the waters and try to convince owners that some sinister Board cabal is preventing owners from accessing documents to hide unmentioned nefarious deeds.

Bernardo Jaduszliwer

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