appellants initial brief seeking injunction

IN THE FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

JOHN P. CARROLL,

Plaintiff/Appellant,

v. CASE NO.: 1D10-643

L.T. CASE: 2009 CA 002021

WATERSOUND BEACH COMMUNITY

ASSOCIATION, INC., WATERCOLOR

COMMUNITY ASSOCIATION, INC.,

SANDRA MATTESON, DAVID LILIENTHAL,

RONALD VOELKER, MARY JOULE,

JOHN DOE AND JANE DOE,

Defendants/Appellees.

______________________________/

ON APPEAL FROM THE CIRCUIT COURT

OF THE FIRST JUDICIAL CIRCUIT,

IN AND FOR WALTON COUNTY, FLORIDA

CASE NUMBER 2009 CA 002021

___________________________________________________________________

APPELLA�T'S I�ITIAL BRIEF

___________________________________________________________________

John P. Carroll, Pro Se

Box 613524

WaterSound, FL 32461

Telephone 850-231-5616

Facsimile 850-622-5618

[email protected]

E-Copy Received Feb 24, 2010 9:46 AM

TABLE OF CO�TE�TS

TABLE OF

CONTENTS................................................................................................................i

TABLE OF

AUTHORITIES.........................................................................................................ii

PRELIMINARY

STATEMENT............................................................................................................1

STATEMENT OF THE

CASE/FACTS............................................................................................................2

SUMMARY OF

ARGUMENT.............................................................................................................7

ARGUMENTS

I. A DE �OVO REVIEW WILL SHOW THAT THE CIRCUIT

COURT MISAPPLIED THE LAW WHE� IT DECIDED THAT A

CITIZE� WOULD �OT BE IRREPARABLY HARMED BY

DEFE�DA�TS WATERSOU�D A�D WATERCOLOR’S POLICY

OF WITHHOLDI�G PUBLIC RECORDS A�D HOA RECORDS,

SIMPLY BECAUSE A CITIZE� HAD THE ABILITY TO FILE

SUIT TO GAI� THE RECORDS THROUGH FORMAL

DISCOVERY, IF CERTAI� CO�DITIO�S WERE MET.

………..…8

II. THE CIRCUIT COURT COMMITTED REVERSIBLE ERROR

WHE� IT DECIDED THAT WATERSOU�D A�D

WATERCOLOR’S DRB RECORDS ARE �OT “PUBLIC

RECORDS” AS DESCRIBED BY 119.011(11).

................11

III. THE CIRCUIT COURT ABUSED ITS DISCRETIO� WHE� IT DE�IED

PLAI�TIFF CARROLL’S PETITIO� FOR I�JU�CTIO�.

……..…..13

i

CONCLUSION........................................................................................................16

CERTIFICATE OF

SERVICE.................................................................................................................17

CERTIFICATE OF

COMPLIANCE........................................................................................................17

TABLE OF AUTHORITIES

Cases

Town of Palm Beach v. Gradison,

296 So. 2d 473 (Fla. 1974)…….........................................................10, 12, 15

�ews-Press Pub. Co., Inc. v. Carlson,

410 So. 2d 546 (Fla. 2d DCA 1982)..............................................................12

Krause v. Reno,

366 So. 2d 1244 (Fla. 3d DCA 1979)............................................................12

Wood v. Marston,

442 So. 2d 934 (Fla. 1983).............................................................................12

Daniels v. Bryson,

548 So. 2d 679 (Fla. 3d DCA 1989)..............................................................12

Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc.,

379 So. 2d 633, 640 (Fla. 1980)……………………..……………………..12

Statutes

§119.011(11), Fla. Stat. (2009)……………………………………………..8, 11, 12

§ 286.011, Fla. Stat. (2009)…………………………………………………………2

§ 286.011(2), Fla. Stat. (2009)…………………………………………...……10, 15

ii

§ 720.303 (a), Fla. Stat. (2009)………………………………...……………8, 10, 15

Other Authority

AGO 99-53 Architectural Review Boards are Subject to the Sunshine Law……….7

PRELIMI�ARY STATEME�T

Appellant JOHN P. CARROLL, Plaintiff below, will be referred to in this Initial

Brief as “Carroll” or “Plaintiff Carroll”.

Appellee WATERSOUND BEACH COMMUNITY ASSOCIATION, INC.,

Defendant below, will be referred to in this Initial Brief as “WaterSound” or

“Defendant WaterSound”.

Appellee WATERCOLOR COMMUNITY ASSOCIATION, INC., Defendant

below, will be referred to in this Initial Brief as “Watercolor” or “Defendant

Watercolor”.

Appellee SANDRA MATTESON, Defendant below, will be referred to in this

Initial Brief as “Matteson” or “Defendant Matteson”

For purposes of this brief, the following abbreviations have the following

meanings:

T = Trial transcript

R = Record on appeal

1

STATEME�T OF THE CASE A�D FACTS

On October 9, 2009, Plaintiff Carroll filed his original Complaint against

Defendant WaterSound and other defendants in Walton County Circuit Court with (10)

Counts, seeking equitable and other relief with case number 2009 CA 002021 (R 1).

On November 3, 2009, Plaintiff Carroll filed a separate Motion for Injunction, which

shared the same case number and included 7 Exhibits, seeking to permanently enjoin

Defendants WaterSound and Matteson from withholding public records (R 2).

The Petition for Injunction cited Florida’s HOA Statute 720.303 as grounds for

the injunction flowing from Plaintiff Carroll’s membership in the WaterSound HOA

(R 2). In addition, Carroll put forth Florida’s Sunshine Statutes 119.01(1) and 286.011

as additional authorities, reasoning that the Walton County Building Department

delegated permit authority to Defendants WaterSound and Watercolor (R 2).

Thereafter, on January 4, 2010, Plaintiff Carroll filed a Supplemental Brief in

Support of Injunction setting forth the argument and citations of authorities which

authorized the injunction on HOA grounds and Sunshine Law grounds (R 3).

On January 5, 2010, Defendants WaterSound and Matteson filed a Response to

Motion for Injunction setting forth the argument that Defendant WaterSound is a

private organization and not an agency of government. Further, Defendants responded

2

that Plaintiff has now issued a formal discovery request for the same documents he has

previously sought, and as a result the Defendants will get those documents together in

short order (R 4).

Thereafter, on January 5, 2010, Plaintiff Carroll filed a Reply to Defendants’

Response for Injunction. Plaintiff pointed out to the Court that the Defendants

acknowledged that the documents he has been seeking for more than (2) years are the

same type of documents he seeks to enjoin the Defendants from withholding in the

future. Further, Plaintiff noted that the Defendants were served with the Petition for

Injunction 61 days prior to his response wherein he loosely offered “I do not foresee

any problem with…we should be able to schedule a date in the near future for you to

review…” (R 5).

On January 5, 2010, the Honorable Judge W. Howard LaPorte held the hearing

on the Petition for Injunction. In addition to the (7) Exhibits attached to the Petition

for Injunction, Carroll introduced a true copy of a letter, from Defendant WaterSound,

that is required by the Walton County Building Department in order to obtain a Walton

County Building Permit that lists the lot number and builder approved (R 6; T 5).

Plaintiff Carroll introduced a true copy of Walton County’s Permit Checklist

into evidence, which proved that Walton County requires the approval of Defendants

WaterSound and Watercolor as a prerequisite for obtaining a County Building Permit

3

(R 7; T 6).

Plaintiff Carroll had witnesses present who are the Walton County Building

Official, Billy Bearden and County Planner, Hal Laird to testify to the authenticity and

authority of the Exhibits. Defendants Counsel stipulated to the authenticity and

authority of the Exhibits and the witnesses were released without testimony (T 6, 7).

Plaintiff Carroll entered a qualified written request into evidence. The request

was delivered by Carroll’s attorney to Defendants WaterSound and Watercolor through

their agent, Defendant Matteson, on November 9, 2007 and sought records pertaining

to approval of builders, discipline of builders, removal or prohibition of builders and

records pertaining to submittals for building permits (R 8; T 7, 8).

Plaintiff Carroll then entered a follow up written request, dated May 2008, to

Defendants WaterSound and Matteson into the record. That request served by

Carroll’s attorney on Matteson, was again seeking HOA and Design Review Board

(DRB) documents. Carroll testified that request was also denied with no rebuttal by

Defendants (R 9; T 8, 9).

Plaintiff Carroll then entered another qualified request into the record. This

letter was issued to Defendant WaterSound on March 25, 2009. Again, this requested

DRB documents of WaterSound. Again, Carroll testified without rebuttal that he was

denied access to review these records (R 10; T 9).

4

Next, Plaintiff Carroll entered another written request into the record. This

exhibit was a string of e-mails initiated in March 2009 and flowing through to October

29, 2009. It showed that the records requested pertained to the same permit type

documents repeatedly requested over the course of 723 days, yet not made available for

review (R 11; T 9, 10).

Carroll testified that he tried as hard as he could, over the course of 2 years, to

obtain the records without seeking an injunction and that he was being harmed the

entire time (T 10).

Carroll testified that he does not seek a blanket order. Instead, Carroll sought a

limited order to enjoin a future violation that resembled the same repeated violations

evidenced therein (T 11).

Carroll testified that the injunction would not create an undue hardship on

Defendants, in that he only sought review. The evidence and testimony entered

showed that Carroll offered to bring his own copier and paper to limit any kind of

hardship so Defendants’ injury, if any, would be inconsiderable (T 11).

Defendant’s Counsel offered only one argument in his rebuttal to the Petition for

Injunction and trial testimony. That argument simply stated that they intend to offer

Plaintiff review of everything he has requested thus far, with one caveat. Counsel

5

stated that, “I don’t want to get in a situation where we produce all of these documents

and then say three months down the road, he wants to come back and look at again

new documents that have been generated.” (T 13).

Defendant’s Counsel offered testimony that his client’s may have actually

honored Plaintiff’s requests. He did so with shyness and deferred to Plaintiff’s right to

correct him if he misinformed the Court, because his clients did not appear for the

hearing (T 14).

Carroll did correct Defendants’ Counsel’s shy assertion that the qualified

requests were honored. To help the court with proof, Carroll directed the Court, and

opposing Counsel, to Exhibit 6 of the hearing, which was his client’s written

acknowledgement that in fact they did not honor Carroll’s qualified written requests

(R11; T 15, 16).

Plaintiff Carroll only sought compliance with Florida Statutes. Carroll’s entire

argument was founded on the principle that public policy favors obedience to the

Statutes in that it benefits the public when the statutes are obeyed, and injures the

public when they are violated. This well grounded thesis provided the lower tribunal

with everything it needed to find that Carroll had a high probability of success on the

merits (R 2; R 3; R 5; T 3, 4, 11, 12).

Judge LaPorte filed his Order denying the petition on January 12, 2010 (R 12; T

6

16).

This appeal, seeking reversal with instructions to the lower court to enjoin

Defendants from withholding public records in the future, was timely filed on February

8, 2010 (R 13).

SUMMARY OF ARGUME�T

This case is an appeal from a final order denying a petition for injunction. In the

petition, Appellant sought to enjoin Respondents, WaterSound Beach Community

Association, Inc and their management, from withholding public records from

Appellant. Yes, at first impression, any reasonable person might conclude that a

private organization is not encumbered by the Government in the Sunshine Laws.

However, this is a case where the private organization, controlled by the St. Joe

Company, is comingled with the special power of the government. Appellant argued

and continues to show that this private organization is exerting special leverage over

Florida’s citizens in an unlawful coven with our government.

Attorney General Legal Advisory Opinion AGO 99-53 makes the point on

several fronts that these committees are subject to the Sunshine Law. It is beyond

question that these boards are subject to Florida’s HOA Statute 720, in so much as any

member of the HOA is entitled to complete and immediate access to records review.

The Defendants, WaterSound and Sandra Matteson’s position to withhold

7

official records from their own members violates Florida’s HOA Statute 720.303 (a).

The Defendants’ WaterSound, Watercolor and Matteson’s policy of denying public

access to the activities and documentation that occur during their approval or denial of

building plans for Walton County permitting, violates Florida’s Sunshine Statutes at

286.011.

The Circuit Court misapplied the law when it reasoned that a citizen would not

be harmed by WaterSound and Watercolor’s policy of withholding public records,

because a citizen had the separate ability to file suit to gain the records through formal

discovery, if certain conditions were met. The Circuit Court committed reversible

error when it decided that WaterSound and Watercolor’s DRB records are not “public

records” as described by 119.011(11). The Circuit Court abused its discretion when it

denied Carroll’s petition for injunction.

ARGUME�T

I. A DE �OVO REVIEW WILL SHOW THAT THE CIRCUIT

COURT MISAPPLIED THE LAW WHE� IT REASO�ED

THAT A CITIZE� WOULD �OT BE IRREPARABLY

HARMED BY WATERSOU�D A�D WATERCOLOR’S

POLICY OF WITHHOLDI�G PUBLIC RECORDS A�D

HOA RECORDS, SIMPLY BECAUSE A CITIZE� HAD

THE ABILITY TO FILE SUIT TO GAI� THE RECORDS

THROUGH FORMAL DISCOVERY, IF CERTAI�

CO�DITIO�S WERE MET.

8

In this case it is not disputed that:

1. Carroll is a Florida Citizen.

2. Carroll is and was a member of the WaterSound HOA.

3. Carroll is a builder who builds within WaterSound and Watercolor.

4. The Walton County Building Department requires a letter of

approval from WaterSound and Watercolor, approving the plans and the builder, as

a prerequisite to obtaining a building permit.

5. Carroll made requests for records of WaterSound and Watercolor

pertaining to HOA records and DRB records.

6. The records were requested in writing.

7. Carroll was repeatedly denied access to the review of the records.

8. The denial persists in excess of 2 years.

9. The Petition for Injunction was served over 2 months prior to the

hearing on the petition.

10. Counsel for Defendants represented to the Court that the records

requested by Carroll are the same records Carroll had been requesting over the

proceeding 2 years.

11. Counsel for Defendants represented that, because Carroll had now

requested the records as part of formal discovery in the pending action, the records

9

would be turned over to Carroll at some point in the future.

12. Despite all of the foregoing, Counsel for Defendants represented to

the Court that, “I don’t want to get in a situation where we produce all of these

documents and then say three months down the road, he wants to come back and look

at again new documents that have been generated.”

13. Carroll offered to bring his own copier and paper to alleviate the

burden on Defendants.

Florida Statute 720.303 is the law that expressly governs requests for

HOA records such as Carroll’s. At 720.303(a) there is a rebuttable presumption that,

to deny a member’s requests for more than 10 days, is a willful failure to comply with

the law.

Florida Statute 286.011(2), states that the circuit courts have jurisdiction to issue

injunctions upon application by any citizen of this State. The burden of prevailing in

such actions has been significantly eased by the judiciary in sunshine cases. While

normally, irreparable injury must be proved by the plaintiff before an injunction may

be issued, in Sunshine Law cases the mere showing that the law has been violated

constitutes "irreparable public injury." Town of Palm Beach v. Gradison, 296 So. 2d

473 (Fla. 1974)

Carroll successfully provided the Circuit Court with the essential elements to

10

support the issuance of an injunction:

1. Irreparable harm

2. A clear legal right

3. An inadequate remedy at law

4. A likelihood of success on the merits

Counsel for the Defendants testified to the Court that they would allow Carroll

to review the records he had previously requested only because he had ultimately

requested those records as part of formal discovery in the present lawsuit. The Court

reasoned that this would render Carroll’s injunction moot. The Court overlooked, or

misapplied, the Defendant’s caveat that they would not allow Carroll to review future

records generated by the same defendants, pertaining to the same acts. Carroll and

Walton County’s other citizens need protection from the impending future violations

by Defendants WaterSound, Watercolor and Matteson. Carroll prays the justices of

this 1st District Court of Appeals stand up for Carroll and the citizens of Walton

County and require the lower court to issue an injunction barring the Defendants from

future back room politics.

II. THE CIRCUIT COURT COMMITTED REVERSIBLE

ERROR WHE� IT DECIDED THAT WATERSOU�D A�D

WATERCOLOR’S DRB RECORDS ARE �OT “PUBLIC

RECORDS” AS DESCRIBED BY 119.011(11).

11

Florida Statute 119.011(11) defines “public records” as to include: all

documents, papers, letters, maps, books, tapes, photographs, films, sound recordings,

data processing software, or other material, regardless of the physical form,

characteristics, or means of transmission, made or received pursuant to law or

ordinance or in connection with the transaction of official business by any agency.

The Florida Supreme Court has interpreted this definition to encompass all

materials made or received by an agency in connection with official business which are

used to perpetuate, communicate or formalize knowledge. Shevin v. Byron, Harless,

Schaffer, Reid and Associates, Inc., 379 So. 2d 633, 640 (Fla. 1980).

This case is analogous to, but more poignantly valid than, Town of Palm Beach

v. Gradison, News-Press Publishing Co. v. Carlson, Krause v. Reno, Wood v. Marston

or Daniels v. Bryson. Each of those cases were decided on the basis that official acts

were delegated to advisory groups. In each case the advisory group was held to be

subject to the Sunshine Law. In the case before you now, Walton County has

delegated full authority to the WaterSound and Watercolor design review boards, in

their sole and absolute discretion, to approve or reject plans or builders for County

building permits.

Under the above stated authorities, it is well established that Walton County’s

citizens can review building permit files held by the Walton County Planning and

12

Zoning Department, as well as the Building Department. That is with a special

exception, if a resident seeks to review those records pertaining to WaterSound or

Watercolor, the County does not maintain those. The citizen must request those

records directly from WaterSound or Watercolor.

As the trial court clearly observed, by competent substantial evidence,

Defendants WaterSound and Watercolor will not allow a citizen to review those

records. In fact, the Defendants WaterSound, Watercolor and Matteson will not permit

review of those records by their own members. Counsel for Defendants specifically

avoided any discussion or rebuttal of the Sunshine threshold. Nonetheless, the trial

court decided those records were not subject to any public records scrutiny.

The lower court committed reversible error when it failed to consider the DRB

records pertaining to plans review, and approval of Florida licensed contractors to

obtain building permits within their communities, public records.

III. THE CIRCUIT COURT ABUSED ITS DISCRETIO� WHE�

IT DE�IED CARROLL’S PETITIO� FOR I�JU�CTIO�.

Again, in this case it is not disputed that:

1. Carroll is a Florida Citizen.

2. Carroll is and was a member of the WaterSound HOA.

3. Carroll is a builder who builds within WaterSound and Watercolor.

13

4. The Walton County Building Department requires a letter of approval

from WaterSound and Watercolor, approving the plans and the builder, as a

prerequisite to obtaining a building permit.

5. Carroll made requests for records of WaterSound and Watercolor

pertaining to HOA records and DRB records.

6. The records were requested in writing.

7. Carroll was repeatedly denied access to the review of the records.

8. The denial persists in excess of 2 years.

9. The Petition for Injunction was served over 2 months prior to the

hearing on the petition.

10. Counsel for Defendants represented to the Court that the records

requested by Carroll are the same records Carroll had been requesting over the

proceeding 2 years.

11. Counsel for Defendants represented that, because Carroll had now

requested the records as part of formal discovery in the pending action, the records

would be turned over to Carroll at some point in the future.

12. Despite all of the foregoing, Counsel for Defendants represented to

the Court that, “I don’t want to get in a situation where we produce all of these

documents and then say three months down the road, he wants to come back and look

14

at again new documents that have been generated.”

13. Carroll offered to bring his own copier and paper to alleviate the

burden on Defendants.

Florida Statute 720.303 is the law that expressly governs requests for

HOA records such as Carroll’s. At 720.303(a) there is a rebuttable presumption that to

deny a member’s requests for more than 10 days is a willful failure to comply with the

law.

Florida Statute 286.011(2), states that the circuit courts have jurisdiction to issue

injunctions upon application by any citizen of this State. The burden of prevailing in

such actions has been significantly eased by the judiciary in sunshine cases. While

normally irreparable injury must be proved by the plaintiff before an injunction may be

issued, in Sunshine Law cases the mere showing that the law has been violated

constitutes "irreparable public injury." Town of Palm Beach v. Gradison, 296 So. 2d

473 (Fla. 1974)

Carroll successfully provided the Circuit Court with the essential elements to

support the issuance of an injunction:

1. Irreparable harm

2. A clear legal right

3. An inadequate remedy at law

15

4. A likelihood of success on the merits

It is Carroll’s complete belief that, under identical circumstances, any reasonable

judge would have issued the injunction at the conclusion of the hearing. Plaintiff

Carroll, respectfully requests that this court consider the judge’s position, the

substantial pleadings, testimony, evidence and lack of defense proffered by Defendants

WaterSound, Watercolor and Matteson to determine that the lower court abused its

discretion when it denied Carroll’s Petition for Injunction.

CO�CLUSIO�

For the above-mentioned reasons, Plaintiff Carroll contends that the trial court

committed reversible error and abused its discretion by denying the Petition for

Injunction, and thus Carroll requests that this Court reverse the trial court’s denial of

Injunction and remand with instructions for the immediate issuance of the injunction.

Respectfully submitted,

_____________________________

John P. Carroll, pro se

Box 613524


(850) 231-5616 - phone

(850) 622-5618- fax

[email protected]

16

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished to Christopher L. George, Esq., PO Box 1034, Mobile, AL 36633 and to

Mark D. Davis, Esq., 694 Baldwin Ave. Suite 1, PO Box 705, DeFuniak Springs, FL

32435, and to Gary Shipman, Esq., 1414 County Highway 283 South, Suite B, Santa

Rosa Beach, FL 32459, Attorneys for Appellees, by hand delivery or certified mail this

17th day of February, 2010.

_____________________________

John Carroll, pro se

Box 613524


(850) 231-5616 - phone

(850) 622-5618- fax

[email protected]

CERTIFICATE OF COMPLIA�CE

I HEREBY CERTIFY that the lettering in this brief is Times New Roman 14-

point Font and complies with the font requirements of Florida Rule of Appellate

Procedure 9.210(a)(2).

_____________________________

John Carroll, pro se

Box 613524


(850) 231-5616 - phone

(850) 622-5618- fax

[email protected]

17

IN THE FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

JOHN P. CARROLL,

Plaintiff/Appellant,

v. CASE NO.: 1D10-643

L.T. CASE: 2009 CA 002021

WATERSOUND BEACH COMMUNITY

ASSOCIATION, INC., WATERCOLOR

COMMUNITY ASSOCIATION, INC.,

SANDRA MATTESON, DAVID LILIENTHAL,

RONALD VOELKER, MARY JOULE,

JOHN DOE AND JANE DOE,


______________________________/

ON APPEAL FROM THE CIRCUIT COURT

OF THE FIRST JUDICIAL CIRCUIT,

IN AND FOR WALTON COUNTY, FLORIDA

CASE NUMBER 2009 CA 002021

___________________________________________________________________

APPELLA�T'S APPE�DIX TO I�ITIAL BRIEF

___________________________________________________________________

John P. Carroll, Pro Se

Box 613524


Telephone 850-231-5616

Facsimile 850-622-5618

[email protected]

TABLE OF CO�TE�TS

Transcript……………………………………………………………………………i

Record 1…….............................................................................................................ii

Record 2....................................................................................................................iii

Record 3....................................................................................................................iv

Record 4…………………………………………………………………………….v

Record 5…………………………………………………………………………....vi

Record 6………………………………………………………………………...…vii

Record 7………………………………………………………………………..…viii

Record 8……………………………………………………………………………ix

Record 9…………………………………………………………………………….x

Record 10…………………………………………………………………………..xi

Record 11………………………………………………………………………….xii

Record 12………………………………………………………………………....xiii

Record 13………………………………………………………………………....xiv

i Transcript 1 1 IN THE CIRCUIT COURT IN AND FOR WALTON COUNTY, 2 FLORIDA 3 JOHN P. CARROLL, 4 5 Plaintiff, 6 vs. CASE NO. 09-CA-2021 7 WATERSOUND BEACH COMMUNITY ASSOCIATION, et al, 8 9 Defendant. 10 11 _____________________________________________________ 12 PROCEEDINGS January 5, 2010 13 3:00 p.m. Walton County Courthouse Annex 14 DeFuniak Springs, Florida 15 BEFORE: The Honorable Howard LaPorte 16 Circuit Judge 17 18 _____________________________________________________ KATHRYN B. PEACOCK 19 Court Reporter 1009 Ridgewood Cove, S. 20 Niceville, Florida 32578 (904)897-2864 21 22 23 24 25 KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

2 1 2 APPEARANCES 3 4 Plaintiff Pro Se 5 6 CRISTOPHER L. GEORGE, ESQUIRE Attorney at Law 7 Post Office Box 1034 Mobile, AL 36633 8 For the Defendant 9 10 INDEX 11 CERTIFICATE OF REPORTER 17 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

3 1 THE COURT: We are convened on Case Number 2 09 CA 2021. And Mr. Carroll? 3 MR. CARROLL: Thank you, Your Honor. Do I 4 need to stand? 5 THE COURT: No. 6 MR. CARROLL: Okay. We're here today on 7 my petition for injunction. I'm asking the 8 Court to rule and issue an injunction enjoining 9 the respondents from withholding records that I 10 feel a part of -- that should be governed by 11 Florida Sunshine statute and the HOA statute. 12 The Florida statute that I have for the HOA is 13 720.303, and that governs disclosure of records 14 of, you know, HOA. And then on my Sunshine 15 statue grounds it's 119.01-1 and also 286.011, 16 and I think that DRB records of the Watersound 17 community will fall within those statutes. The 18 way that this case has developed is that as a 19 member -- me being an owner within 20 Watersound -- I've asked for certain documents 21 dating back to 2007 and consistently and 22 repeatedly asked for those same documents all 23 the way up until most recently when Mr. George 24 and I have been talking. And we're getting -- 25 it seems like we're getting close to resolving KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

4 1 the issue. However, on the Florida Sunshine 2 statute, it never should have gone this far -- 3 not two plus years. It's a real simple matter, 4 and I felt like it should have been taken care 5 of a lot quicker than this. I acknowledge that 6 usually Sunshine statute doesn't govern an HOA 7 like the one that Mr. George represents. 8 However, in this particular case, Walton 9 County's building permit department, which is 10 all Sunshine statute documents has delegated 11 authority to Watersound to conduct preliminary 12 plan approval. The county will not even 13 consider issuing a building permit within 14 Watersound unless the DRB has specifically 15 approved the plans and references that by way 16 of a letter of final approval -- and I think I 17 should enter it into evidence but I'm not sure 18 if I call this an exhibit or an attachment 19 or -- I cross it with Exhibit A for discussion. 20 THE COURT: It will be marked as 21 Plaintiff's Exhibit A? 22 MR. CARROLL: Okay. Should I write that 23 on there now? Do you want to take a look at 24 this? I think you have a copy. But this is 25 kind of a central document. KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

5 1 THE COURT: Any objection? 2 MR. GEORGE: No, sir. 3 THE COURT: Any objection to it being 4 accepted as an exhibit? 5 MR. GEORGE: No, Your Honor. 6 MR. CARROLL: Thank you. 7 THE COURT: It will be accepted as 8 Plaintiff's Exhibit 1. 9 MR. CARROLL: That document is the true 10 and accurate document that Walton County 11 requires us to turn in at the time that we 12 apply for a building permit. That document 13 lists the lot and block of the property within 14 Watersound and also the name of the builder 15 that's been approved to build the building. 16 Without that, I as a builder, can't apply for a 17 permit. No builder can apply for a permit in 18 Walton County without a letter in that form. 19 And I believe that at that point the DRB 20 records become public documents. I wanted to 21 show the Court a document that I called 22 Attachment B, and that document is also a true 23 and accurate copy. I would like to enter this 24 into the record, too. A copy for Mr. George. 25 I think he's got it. KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

6 1 THE COURT: Any objection? 2 MR. GEORGE: No, Your Honor. 3 THE COURT: It will be then Plaintiff's 4 Exhibit 2. 5 MR. CARROLL: That's a true copy of Walton 6 County's building department's check list for a 7 permit. And if you look at one of the top 8 lines, it says this form must be attached to 9 all building plan submittals. Number 10 on 10 that document says you're required to give an 11 approval letter from the architectural review 12 committee if building in a subdivision that 13 requires approval to build. I've called, or 14 subpoenaed rather, Mr. Billy Bearden, the 15 Walton County building official, and Hal Laird 16 from the planning department to authenticate an 17 e-mail that I included in my original petition 18 as Attachment A. However, after talking to 19 Mr. George, I don't think I'm going to need to 20 call those witnesses today to authenticate 21 this. Attachment B is pretty clear and it's 22 proof that you're required to turn in the 23 letter of DRB approval. 24 THE COURT: And is that correct that y'all 25 agreed that those individuals would not have to KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

7 1 testify? 2 MR. GEORGE: Well, we don't dispute, Your 3 Honor, that as noted on Attachment B that he's 4 introduced into evidence that you do have to 5 have approval from the architectural review 6 committee before you can build. So if he's 7 calling them to establish that, there's no need 8 to do that. 9 THE COURT: Thank you. Very well. Then 10 we won't call them. 11 MR. CARROLL: Like I said before, starting 12 in 2007, through my lawyer Daniel Uhlfelder, I 13 asked the DRB and Sandy Madison, Sandra 14 Madison, to provide certain documents, which 15 were in essence and simply records that show 16 how Watercolor and Watersound have chosen to 17 approve their builders, records that show how 18 they discipline their builders, records that 19 show how they can remove a builder or prohibit 20 a builder from building within their community, 21 and also records pertaining to submittals for 22 building permits. These are all things that 23 are normally public documents, but in this 24 case, being it's HOA, it got kind of cloudy. 25 And I wanted to attach -- show that it's KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

8 1 Attachment C. 2 MR. GEORGE: It was a part of your motion 3 for injunction. 4 MR. CARROLL: Can I enter this into -- 5 THE COURT: Any objection? 6 MR. GEORGE: No objection. 7 THE COURT: It will be accepted as 8 Plaintiff's Exhibit 3. 9 MR. CARROLL: In that letter, we made a 10 qualified written request of Sandra Madison and 11 the Watersound DRB to turn over the documents 12 that I'm talking about. And you can see that 13 that's dated for back in 2007. That records 14 request follows nearly line by line this same 15 documents that I'm still asking for at this 16 time. I have several other records requests 17 that follow that up, and I think I need to 18 enter them in the record, too. The first was 19 in May of 2008, which I call Attachment B. Is 20 it okay if I enter this as an exhibit? 21 MR. GEORGE: I have no objection to that 22 either, Your Honor. 23 THE COURT: That will be accepted then as 24 Plaintiff's Exhibit 4. 25 MR. CARROLL: That was another written KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

9 1 request, and it went directly to Sandra Madison 2 and Watersound asking for these -- essentially 3 the same records that I had asked for six 4 months earlier, and those records did not come. 5 I've got another one in my complaint. It's 6 called Attachment E, which is a letter I issued 7 on March 25th, which was a follow-up. I'd like 8 to enter it into the record. 9 MR. GEORGE: No objection. 10 THE COURT: It will be Plaintiff's Exhibit 11 5. 12 MR. CARROLL: Thank you. And again, 13 that's asking Watersound's DRB to share records 14 that they've got in their possession, and that 15 request went essentially unanswered. The 16 community has been very evasive in that they 17 just won't give the documents. Now Mr. George 18 says that he believes they're going to turn 19 them over at any time. I've made a request 20 through discovery for those. I haven't gotten 21 them yet. Again, on October 29th I asked the 22 DRB for those same records again. I called it 23 Attachment F. Can I enter this into the 24 record? 25 MR. GEORGE: No objection. KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

10 1 THE COURT: Plaintiff's Exhibit 6. 2 MR. CARROLL: Thank you. That exhibit 3 might be a little confusing when the Court 4 reviews it because it's a series of e-mail that 5 are all attached to one another, and 6 unfortunately they start on the last page and 7 move forward to the most relevant page, which 8 is the front page. I didn't receive those 9 records. That was 723 days since I made the 10 first request. Now, I'm submitting to the 11 Court that I tried as hard as I could in good 12 faith to get these records without asking for 13 an injunction. I've done it in good faith. I 14 was being harmed the whole time. It finally 15 came to this that I had to ask for this 16 injunction. When I read Florida Statute 17 286.011-2, it read that Florida circuit courts 18 have jurisdiction to issue injunctions upon 19 application by any citizen of the state, and in 20 an unusual case, it says the burden of 21 prevailing such allegations have been 22 significantly eased by the judiciary in 23 Sunshine cases. Normally, irreparable injury 24 must be proved before the plaintiff can get an 25 injunction issued. In Sunshine law cases, the KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

11 1 mere showing that the law has been violated 2 constituted irreparable public injury, and 3 that's a quote from the town of Palm Beach 4 versus Grayson, and it's included in my 5 petition. I understand that the Court can't 6 issue a broad blanket order. However, I 7 believe that the Court can enjoin a future 8 violation that resembles the same violation 9 that we're talking about here. And I got that 10 from Port Everglades Authority versus 11 International Longshoreman's Association, Local 12 1922-1. That was in Florida Fourth DCA in 13 1995. I believe that all these facts being 14 true there's a high probability of success on 15 the merits. I don't believe that the 16 respondents have the right to do this, and I 17 don't think it would create an undue hardship. 18 In fact, I've always asked and it's contained 19 in these exhibits, I'll bring my own copier and 20 paper and whatever they need to limit any kind 21 of hardship. Again, I say, if this injunction 22 is granted, their injury will be 23 inconsiderable. If it only involves opening 24 their books, I don't see how they would be 25 harmed, and I respectfully request an KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

12 1 injunction enjoining them from withholding 2 documents. And my petition speaks for itself 3 on those documents I request. Last, I ask that 4 I should be awarded damages in accordance with 5 720.303(b), but not at this time. I think the 6 Court needs to have an evidentiary hearing at a 7 later date. Finally, I would ask that within 8 48 hours I be allowed to submit a proposed 9 order to the Court for your consideration on 10 this. And that's all I have, Your Honor. 11 THE COURT: All right. Mr. George. 12 MR. GEORGE: Yes, Your Honor. Before I 13 get into some of the facts that have been 14 represented to the Court, I want to stress to 15 the Court as I have to Mr. Carroll, that now 16 these very same documents he's been requesting, 17 albeit in a much more vague sense, these prior 18 requests, they've now been requested 19 specifically in request for production. Our 20 responses to those requests for production are 21 due on Monday, I believe is the date. I have 22 advised Mr. Carroll we're going to produce 23 everything he's asked for in his request for 24 production minus some correspondence from me to 25 my clients and minus some correspondence from KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

13 1 some other attorneys who have represented the 2 building committee to his client. I told him 3 I'll give him a privilege law with respect to 4 those documents so that if he thinks he's 5 entitled to some of that correspondence we can 6 try to work it out and if necessary, you know, 7 come back and take it up with the Court. I 8 think in light of that, the fact that we're now 9 in litigation, these same documents are part of 10 discovery request that we are going to answer. 11 If it's really moot what he has raised in his 12 petition for injunction is moot. And I think 13 if you issue an injunction at this point that 14 says make some blanket statement that he can 15 review the records any time he chooses, it's 16 going to interfere with the litigation process. 17 I don't want to get in a situation where we 18 produce all of these documents and then say 19 three months down the road, he wants to come 20 back and look at again at new documents that 21 have been generated. Well, that's just going 22 to almost have parallel litigation going, you 23 know, where he's going to do that as opposed to 24 going through the rules of civil procedure 25 making request for production. I do want to KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

14 1 note that it is my understanding, and since we 2 have Mr. Carroll here, I invite him to correct 3 me if I've been misinformed. We haven't taken 4 depositions yet. But my understanding is that 5 when he made his last request for access to 6 materials, that was back in March of 2009, as 7 he noted and as in one of the exhibits, that 8 two days later, he received a response from 9 Tracy Reagan with our client and they made an 10 appointment for him to come look at records one 11 day after that. And one day after that, he did 12 come and look at records, and I think he was 13 given access to every record he said he wanted 14 to look at that time. Now, again, if I've been 15 misinformed, I apologize to the Court and to 16 you Mr. Carroll, but that's my understanding 17 back in 2007, within two or three days, you 18 were allowed to come look at records. But the 19 last request he made was October of 2009, which 20 was just three or four days before this lawsuit 21 was commenced. So there really wasn't time for 22 the association to respond to that last request 23 in '09 before, you know, we're in litigation. 24 Like I said, I don't think there's any need for 25 you to reach the Sunshine statute issue, the KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

15 1 homeowners statute issue. We cannot dispute 2 that documents he has requested, all of those 3 documents are relevant to this case that he's 4 now filed. They're due to be produced. They 5 will be produced to him, and as of Monday I'll 6 get in touch with him and we'll make a mutually 7 convenient time for him to come look at them. 8 So I just submit that in light of all of that, 9 there is no danger of any irrepairable harm to 10 Mr. Carroll at this point. What needs to 11 happen is let's go through the litigation 12 process and see where we get to. 13 THE COURT: All right. Mr. Carol, your 14 response. 15 MR. CARROLL: My attachment to my 16 petition, which I called F, I think it's been 17 entered into the court's records, but I don't 18 remember the number. 19 THE COURT: Six. 20 MR. CARROLL: That's a paper trail of 21 communication between the woman he referenced 22 and myself, which shows if the Court finds time 23 to read it, that the request that Mr. George 24 asked about wasn't honored, and it actually 25 concludes with Ms. Reagan saying okay, you can KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

16 1 come on the 4th, I think, of November and see 2 those documents. What Tracy Reagan and the 3 Watersound DRB provided me was 17 records with 4 the earliest date being mid to late '09 despite 5 the fact that my request dated back to November 6 of 2007. She allowed me a very limited view, 7 and it was only one side of what I had asked 8 for. It didn't include any of the responses 9 that I specifically requested. I think this is 10 a Sunshine case and I think it is entitled to 11 be ruled on. We'll be going through this again 12 in Watercolor. I can almost guarantee it 13 otherwise. We're just limiting this to 14 Watersound, so I'll stop there. 15 THE COURT: All right. The plaintiff's 16 motion for injunction will be denied. 17 Mr. George, since it's in your favor, I'll ask 18 you prepare an order and provide it to me with 19 copies and envelopes. 20 MR. GEORGE: Yes, sir. 21 THE COURT: Thank you. Good day to you. 22 (Hearing concluded.) 23 24 25 KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

17 1 2 REPORTER'S HEARING CERTIFICATE 3 STATE OF FLORIDA 4 COUNTY OF OKALOOSA 5 6 I, Kathryn B. Peacock, Freelance 7 Court Reporter, certify that I was authorized to and 8 did stenographically report the foregoing hearing; 9 and that the transcript is a true record of the 10 testimony given by the witness. 11 12 I further certify that I am not 13 a relative, employee, attorney, or counsel of any of 14 the parties, nor am I a relative or employee of any 15 of the parties' attorney or counsel connected with 16 the action, nor am I financially interested in this 17 action. 18 19 20 KATHRYN B. PEACOCK Freelance Court Reporter 21 22 23 24 25 KATHRYN B. PEACOCK, COURT REPORTER (850) 897-2864

lOflb/.1009 LAF'IIALCQNSULIANI MANA(,MbNI CQKF' VW

10/16/2009 SUMMONS ISSUED TO RON VOELKER VW

10/16/2009 COPY OF CHECK TO WALTON COUNTY SHERIFF VW

10/21/2009 PROOF OF SERVICE TO DAVID ULIENTRAL 10/19/09; JMK

10/21/2009 PROOF OF SERVICE TO WATERSOUND BEACH COMMUNITY ASSOC INC

10/21/2009 10/19/09; JMK

10/21/2009 PROOF OF SERVICE TO CAPITAL CONSULTANTS MANAGEMENT

10/21/2009 CORP ON 10/19/09; IMK

10/21/2009 PROOF OF SERVICE TO VOELKER SURVEYING 10/20/09; JMK

MARY JOULE 10/20/09; JMK10/21/200j!FOFSERVICETO

11/06/2009

11/03/2009 JAINTIFFS MOTION FOR INJUNCTION; SS

LETTER TO KRISTIE SOMERS FOR JOHN CARROLL;RS

11/06/2009

11/06/2009

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FAXED NOTICE OF APPEARANCE; JMK

IFAXEDDEFENDANT.SMOTION TODIS.MISS.MOTION .STRIKE,

OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE

11/06/2009 STATEMENT; JMK

11/06/2009 17A. LETTER TO KRISTIE SOMERS FROM JOHN CARROLLL;KA

11/09/2009 MOTION FOR DEFAULT AGAINST DEFENDANT RONALD VOELKER; OP

11/09/2009 NOTICE OF HEARING ON JANUARY 5. 2010; DP

L 11/09/2009

11/09/2009

11/09/2009

NOTICE OF APPEARANCE; MAC

DEFENDANTS MOTION TO DISMISS, MOTIONTO STRIKE, OR, IN THE

ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT; MAC

11/12/2009 DEFENDANTS MOTION TO DISMISS;DY

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Ri2/16/2010 Walton aerk

P1ev Search

Case Progress Dockets

CASE NUMBER I FILE DATE CASE TYPE STATUS

62O09CAOO2O21CAXXXX OTHER CIVIL PENDING10/09/2009

[PLAINTIFFCARROLL, JOHN PAS DEFENDANT=LIL1ENTHAL, DAVIDSANDRA DEFENDANTVOELKER,JANE[UDGE=LAPORTE, W HOWARD]

LAST DOCKET DATE=0210812010

DEFENDANT WATERSOUND BEAC H COMMUNITYDEFENDANT=J3ULE, MARY DEFENDANTMATTESON,

RONAC DEFENDANTDOE, JCI IN DEFE NDANTDOE,

JURY TRIAL=Yes

[c.ir Evnt I Finance Infol

ACTION DATE TEXT

10/09/2009 ICIVIL COVER SHEET; SS

10/09/2009 COMPLAINT FOR EQUITABLE AND OTHER

10/16/2009 SUMMONS ISSUED TO WATERSOUND BEACH

10/16/2009 SUMMONS ISSUED TO DAVID LILIENTHALVW

RELIEF; SS

COMMUNITY ASSOC INC VW

10/16/2009 SUMMONS ISSUED TO MARY JOULE VW

10/16/2009 1SUMMONS ISSUED TO SANDRA MATTESON, REGIONAL VICE PRESIDENT

ii R 1

01/04/2010 PETITIONERS SUPPLEMENTAL BRIEF IN SUPPORT OF INJUNCTION VW

01/05/2010 PETITiONERS REPLY TO RESPONDENTS RESPONSE TO INJIJNCTION;JK

01/05/2010 FAX COVER SHEET FROM CHRISTOPHER L. GEORGE, ESQ.

01/05/2010 DATED 1-4-10; SH

01/05/2010 DEFENDANTS WATERSOUND BEACH COMMUNITY ASSOCIATION, INC.

01/05/2010 AND SANDRA MATTESONS RESPONSE TO PLAINTIFFS MOTION

01/05/2010 FOR INJUNCTION; SH

01/07/2010 37A. COVER LETTER;DY

01/07/2010 37B. DEFENDANTS WATERSOUND BEACH COMMUNITY ASSOCIATION INC

01/07/2010: AND SANDRA MATTESONS RESPONSE TO PLAINTIFFS MOTION FOR

01/07/2010 IN)UNCTION;DY

01/0812010 NOTICE OFTAKING DEPOSITION DUCES TECUM OFALAN RIEHL; DP

01/08/2010 NOTICE OF TAKING DEPOSITION DUCES TEC UM OF ALESSANDRA

01/08/2010 FAMBRI;DP

01/08/2010 NOTICE OFTAKING DEPOSITION DUCES TECUM OFANNE MOSLEY; DP

01/08/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF ANNE WINICKI; DP

01/08/2010 NOTICE OFTAKING DEPOSITION DUCES TECUM OFBILLYBEARDEN;

01/08/2010 DP

01/08/2010 NOTICEOFTAKLNG DEPOSITION DUCES TECUM OF BRIAN STACKABLE;

01/08/2010T

01/08/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF BRIDGET PRECISE;

01/08/2010DP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF PEGGY GEPPERT;

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11/24/2009PLAINTIFPS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION

11/24/2009 3T0 DISMISS, MOTION TO STRIKE AND MOTION FOR MORE DEFINITE

11/24/2009 STATEMENT; DP

12/14/2009

12/14/2009

NOTICE OF HEARING ON 01/0512010; DP

PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

12/14/2009

12/14/2009

FROM DEFENDANT WATERSOUND BEACH COMMUNITY ASSOCIATION,

INC.; DP

12/15/2009 PLAINTIFFS JOHN P. CARROLL FIRST REQUEST FOR PRODUCTION

12/15/2009 'OF DOCUMENTS FROM DEFENDANT RONALD VOELKER; DP

12/16/2009 PLAINTIFFS FIRST REQUEST FOR PODUCTION OF DOCUMENTS FROM

12/16/2009 DEFENDANT MARY JOULE; DP

12/18/2009 PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS FROM

12/18/2009 DEFENDANT DAVID LILIENTHALVW

12/29/2009 PLAINTIFFS MOTION AND/OR PETITION FOR DECLARATORY

12/29/2009

12/31/2009

)UDGMENT; DP

SUBPOENA FOR HEARING TO DEPUTY BUILDING OFFICIAL BILLY -12/31/2009 BEARDEN ON 1/5/2010 AT 11:30 VW

12/31/2009

12/31/2009

12/31/2009

SUBPOENA FOR HEARING TO WALTON COUNTY PLANNER I, HARRY

LAIRD ON 1/5/2010 ©11:30 VW

NOTICE OF SERVING PLAINTIFF'S FIRST SET OF INTERROGATORIES

12/31/2009112/31/2009

TO DEFENDANT WATERSOUND BEAC H COMMUNITY ASSOC IATION INC VW

PLAINTIFFS FIRST SET OF INTERROGATORIES TO DEFENDANT

12/31/2009 WATERSOUND BEACH COMMUNITY ASSOCIATION, INC. VW

2/16/2010 Walton Clerk

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF DAVID

01/11/2010 LILIENTHAL, JR.; OP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEBBIE STARR; DP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF GARY HULION; OP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OFHILARY FARNUM;

01/11/2010 DP

01111/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OFJACK LUCHESE; DP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF JAMES BAGBY; OP

01111/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF JANE BUCKLE; OP

01/11/2010 NOTICE OFTAKING DEPOSITION DUCES TECUM OFJIM BUCKLE; DP

01/11/2010 NOTICE OFTAKING DEPOSITION DUCES TECUM OFJOANN LUCHESE;

01/11/2010 DP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF JOHN BROWN; OP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF JONATHAN BILBY;

01/11/2010 OP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF KAREN WAGNER; DP

01/11/2010 NOTICE OF TAKING DEPOSITION DLICES TECUM OF KEN BORICK; OP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF KEVIN ACI-IATZ; DP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF LEE DEPAUW; DP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF MARIANNE

01/11/2010 BERRIGAN GRANT; DP

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01/11/2010---------. ............................

OP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OFPERPY REVIS; OP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF RON ROMANO; DP

01/11/2010. NOTICE OF TAKING DEPOSITION DUCES TECUM OF RONALD VOELKER;

01/11/2010 OP

01111/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF SANDRA MATTESON

01/11/2010 DP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF SCOTT ROSENHEIM;

01/11/2010 OP

01/11/2010 NOTICE OFTAKING DEPOSITION DUCES TECUM OFSTEVE CELLUCCI;

01/11/2010 OP

01/11/20104DF TAKING DEPOSITION DUC ES TECUM OF BUILDING

01111/2010

01/11/2010

INSPECTOR STOSH; DP

NOTICE OF TAKING DEPOSITION DUCES TECUM OFTIM REESE; OP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OFTOM DODSON; DP

01/11/2010 NOTICE OFTAKING DEPOSITION DUCES TECUM OFTRACY REGAN; DP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF WILLIAM DOERING D

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF WILLIAM

01/11/2010 SABELLA; DP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF CRAIG BARANOWKI;

01/11/2010 DP

01/11/2010 NOTICE OF TAKING DEPOSITION DLJCES TECUM OF DALE PUTZ; OP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF DAVID LILIENThAL


01/19/2010

01/19/2010

01/19/2010

01/1912010

FP.OM DEFENDANT WATERSOUND BEACH COMMUNITY ASSOCIATION,

INCVW

PLAINTIFF JOHN CARROLLS FIRST MOTION TO COMPEL DISCOVERY

FROM WATERSOUND BEACH COMMUNITY ASSOC ET AL VW

01/19/2010.COVER. LETTER;DY

01/19/2010 ORDER GRANTING DEFENDANT RON VOELKERS MOTION TO EXTEND TIME

01/19/2010 FOR DISCOVERY;DY

01/22/2010 ORDER REGARDING DISCOVERY DISPUTES; MDB

01/22/2010 COVER LETTER;DY

01/22/2010

01/22/2010

NOTICE OF FILING DISC OVERY;DY

NOTICE OF HEARING;DY

01/22/2O1OIDEFENDANTS RESONSE TO PLAINTIFFS FIRST REQUEST FOR

PRODUCTION;DY01/2212010

01/25/2010 COVER LETTER;DY

01/25/2010 NOTICE OF HEARING;DY

02/01/2010 PLAINTIFF JOHN CARROLLS NOTICE OF WITHDRAWAL OF FIRST

02/01/2010 MOTION TO COMPEL DISCOVERY FROM WATERSOUND BEACH

02/0112010 COMMUNITY ASSOCIATION, ET AL

02/03/2010 COMPLAINT FOR EQUITABLE AND OTHER RELIEF; DP

02/03/2010 LETTER FROM PLAINTIFF JOHN P. CARROLL; DP

02/04/2010 SUMMONS ISSUED TO WATERCOLOR COMMUNITY ASSOCIATION, INC;

02/04/2010: GARY SHIPMAN, REGISTERED AGENT; DP

02/04/2010 MOTION TO AMEND CAPTION OF FIRST AMENDED COMPLAINT FOR

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01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF MARY JOULE; DP

01/11/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF MARY ROSENHEIM;

01/11/2010 OP

01/12/2010 78A. LETTER TO JUDGE LAPORTE FROM CHRISTOPHER GEORGE; M8

01/12/20101 78B. PLAINTIFF'S EXHIBIT 1; LETTER OF FINAL APPROVAL;

01/12/2010 78C. PLAINTIFFS EXHIBIT 2: WALTON COUNTY BUILDING DEPT.

01/12/2010 CHECKLIST FOR BUILDING PERMITS; JMK

01/12/2010 78D. PLAINTIFF'S EXHIBIT 3: LETTER; JMK

01/12/2010 78E. PLAINTIFF'S EXHIBIT 4: EMAIL; JMK

01/12/2010 78F. PLAINTIFFS EXHIBIT 5: EMAIL; JMK

01/12/2010: 78G. PLAINTIFFS EXHIBIT 6: EMAIL; JMK

O1/12/2010178H. EMAIL; JMK

01/12f20104,FAXED DEFENDANTS WATERSOUND BEACH COMMUNITY

01/12/2010 ASSOCIATION, INC. AND SANDRA MATTESON'S RESPONSE

01/12/2010 TO PLAINTIF' MOTION FOR. INJUNCTION; JMK

01/12/2010 ORDER (DENIES MOTION FOR INJUNCTION); JMK

PLAINTIFF'S MOTION AND/OR PETITION FOR DECLARATORY01/1412010

01/14f20104GMENT-SECRETED INSPECTIONS; SS

DEFENDANT'S, RON VOELKERS MOTION TO EXTEND TIME FOR.01/14/2010

01/14/2010 DISCOVERY; JMK

01/15/2010 NOTICE OF TAKING DEPOSITION DUCES TECUM OF RALPH MENOCAL

01/1512010 ON 03/10/2010; OP

01/19/2010 PLAINTIFF'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS


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02/04/2010 jEQUITABLE AND OTHER RELIEF; DP

02/04/2010 LETTER TO )UDGE LAPORTE FROM JOHN CARROLL:KD

02/04/2010 ORDER ON DEFENDANTS MOTION TO DISMISS:KD

02/08/2010 NOTICE OF APPEAL; SS

02/08/2010 DIRECTIONS TO THE CLERK; SS

02/08/2010 DESIGNATION TO REPORTER AND REPORTERS ACKNOWLEDGMENT

02/08/2010JACKNOWLEDGMENT NOT SIGNED); 55

02/08/2010 LETTER TO FIRST DISTRICT COURT OFAPPEAL FROM CLERK; SS


I Ltt1flhIi1' ITJL.'J ItflU! I'tjfl IIWPtJ!.flIItJ.1

Plaintiff, JOHN P. CARROLL ("Carroll"), pursuant Florida Rules of Civil

Procedure 1.610, moves for an injunction enjoining Defendants, WATERSOUND

BEACH COMMUNITY ASSOCIATION, INC. ("Watrrsound"), SANDRA

MAlI ESON ("Mtteson") their agents, servants, employees and attorneys and those

persons in active concert or panicipation with Defendants from withholding public

records in violation of Florida Statute 720.303 for Homeowners Associations, Florida's

Government in the Sunshine Statute 119.01(1;) for DRB records and Florida's

Government in the Sunshine Statute 286.011 for DRB records and as grounds therefore

state:

1. Plaintiff, Carroll, is a Member of WaterSound. Defendants, WaterSound

FLEDIN THE CIRCUIT COURT OF THE FIRST JUCS

IN AND FOR WALTON COUNTY, FCIVIL DIVISION A iO 2

WATERSOLINI) REACH COMMUNITY ASSOC1ATION, INC.,florida CorporationDAVID LILIENTHAL, individuallyand as Director,MARY JOULE,SANDRA MAT'FESON,RONALD VOELKER.JOHN DOE, JANE DOE, and OTHER UNKNOWNCONSPIRATORS

Defendants.

Dl L IP.VTTVV'C A1Vl'T(1 VCU3 J UT!I'TICW

JOIIN P. CARROLL,

Plaintiff, Case No.: 09CA002021V.

iii R 2

copying in the community. If the association has a photocopy machine available where

the records are maintained, it must provide parcel owners with copies on request during

the inspection if the entire request is limited to no more than 25 pages.

The failure of an association to provide access to the records within 10 business days

after receipt of a written request creates a rebuttable presumption that the association

willfidh' failed to comply with/his subsection.

A member who is denied access to official records is entitled to the actual damages

or minimum damages for the association willful failure to comply with this subsection.

The minimum damages are to be $50 per calendar day up to 10 days, the calculation to

begin on the 11th business day after receipt of the written request."

and Matteson are custodians of both the WaterSound and Watercolor Community HOA

records and DRB records.

This matter arises from the Defendants repeated refusal to produce

documents requested by Carroll. The requests were in conformance with Florida's HOA

Statute governing records and also conformance with Florida's Government in the

Sunshine Statute.

Florida Statute 720.303 states that "The official records shall b

maintained wuhin the slate and must be open to inspection and available for

photocopying by members or their authorized agents at reasonable times and places

within 10 business days after receipt of a written request for access. This subsection ma'

be complied with by having a copy of the official records available for inspection or

committee to a prerequisite step in obtairRing a building permit. The ordinance, in effect,

gives these committees the authority to review and approve building permit applications

befire they will be considered by the county building department. If the committee does

not approve the application, a county permit generally will not be issued"

The Walton County Building Department, by way of their Building

Official Billy Hearden, have certified that a letter issued &om the Architectural Review

Board of WaterSound or Watercolor stating approval of the residence is required as a pre-

requisite to obtaining a Walton County Building Permit. See Attachment A

The Walton County Building Department delegated approval of residential

construction plans and placement for Building Permits to the Walton County Planning

Department. The Walton County Planning Department delegated approval of residential

4. Florida Attorney General Advisory Legal Opinion Number: AGO 99-53

Dale: September 1. 1999 advised that, "It is axiomatic that public officials cannot do

indirectly what they are prevenledfrom doing directly. Those to whom public officials

delegate dejacto authority to act on their behalf in the formulation, preparation and

promulgation ofplans on which foreseeable action will be taken by such public officials

stand in the shoes of such public officials insofar as the application of the Government in

the Sunshine Law is concerned.' further "Although the Legislature has "no right to

require meetings of civic organizations, unconnected with.. . government, to conform to

the government in the sunshine law, "J83 lam unable to state that these architectural

review committees are unconnected with county government. While the activities of a

homeowners association architectural review committee would not normally be subject

to the Sunshine Law, the county has by ordinance elevated the decisions of such

Again on May 1,2008 Carroll made a written request of Matteson and

WaterSound for review of documents and again the full disclosure was withheld from

Carroll. See Attachment I)

On March 25, 2009 Carroll made a follow up written request to produce

and review DRB documents and WaterSound refused to deliver all of the documents.

See Attachment E

Carroll made a follow up written request of the DRB on October 29, 2009

for the same documents which is not set for inspection until November 5, 2009 which is

227 days after the first request for production of those documents. See Attachment F

12 It has been 723 days that Carroll has been deprived these public

documents without explanation of Matteson or WaterSound.

construction plans and placement for Building Permits to the Architectural Review

Boards of WaterSound and Watercolor. The Building Department requires all perrnitters

to complete a checklist as a pre-requisite to obtaining a building permit. See Attachment

B

7. The Watercolor and WaterSound Architectural Review Boards

acknowledge and enforce the authority delegated to them by the Walton County Building

and Planning Departments. See Attachment B2

K. Starting on or about November 9, 2007 Carroll made written requests of

Matteson, WaterSound and the Watercolor Community Association, lnc. to provide and

make available for review records of the Community Association's and their respective

Architectural Review Boards Those written rquesls have. been routinely and

continuously denied full review to Carroll by Defendants. See Attachment C

Beach v. Gradison, 296 So. 2d 473 (Fla. 1974)

Maintiff acknowledges that this Court cannot issue a blanket order

enjoining any violation of the Sunshine Law on a showing that it was violated in

particular respects, however Plaintiff notes that a court may enjoin a future violation that

bears some resemblance to the past violation. Port Everglades Authority v. International

Longshoremen's Association, Local 1922-1, 652 So. 2d 1169, 1173 (Fla. 4th DCA 1995).

Plaintiff alleges, that based on the foregoing, there is a high probability of

success on the merits.

Defendants do not have the authority to conduct the actions which Carroll

wishes to enjoin and therefore entry of this inunetion will not create undue hardship on

the Defendants.

Plaintiff ha.s attempted to resolve this matter without the need for litigation

as evidenced by the numerous requests and patience spanning 2 years. Despite Plaintiff's

good faith efforts, Defendants continue to withhold documents from Carroll in violation

of Florida law.

Unless Defendants are enjoined from the aforementioned actions, Plaintiff

will be irreparably harmed as Defendants continue to withhold documents and hold

meetings without proper notice. Section 286.02 1(2), Florida Statutes, states that the

circuit courts have jurisdiction to issue injunctions upon application by any citizen of this

state. The burden of prevailing in such actions has been significantly eased by the

judiciary in sunshine cases. While normally irreparable injury must be proved by the

plaintiff before an injunction may be issued, in Sunshine Law cases the mere showing

that the law has been violated constitutes 'irreparable public injury.' Town of Palm

and/or papers regarding and/or relating to approval of contractors/buiLders within

Watercolor and WaterSound;

Any and all documents, correspondence, communications, e-mails, notes,

and/or papers regarding and/or relating to the disciplining, suspending, monitoring or

removal of contractors/builders within Watercolor and WaterSound; and

All WaterSowid and Watercolor Architectural Review Board public records

best described at Section 119.011(11), Florida Statutes, which defines 'public records' to

include: all documents, papers, letters, maps, books, tapes, photographs, films, sound

recordings. data processing software, or other material, regardless of the physical form,

characteristics, or means of transmission, made or received pursuant to law or ordinance

or in connection with the transaction of official business by any agency.

Carroll will be left with no adequate remedy at law since Defendants

continue to withhold documents that should be open to him as an HOA member and a

Florida Citizen entitled to a Government in the Sunshine.

If this injunction is granted the injury, if any, will be inconsiderable as this

involves only opening all the DRB books for review which is in accordance with

Florida's Public Policy.

Wherefore, Plaintiff respectfully requests this Court enter an Injunction

against Defendants enjoining them from withholding docunents including:

A. Any and all documents, correspondence, communications, e-mails, notes,

andlor papers regarding andlor relating to John Carroll andlor Chambers Street Builders,

Inc.;

B. Any and all documents, correspondence, communications, c-mails, notes,

Dated: November 3, 2009

Fax: (850)622561 8

The Flonda Supreme Court has interpreted this definition to encompass all

materials made or received by an agency in connection with official business which are

used to perpetuate, communicate or formalize knowledge. Shevin v. Byron, Harless,

Schaffer, Reid and Associates, Inc., 379 So. 2d 633, 640 (VIa. 1980).

21. Award Carroll actual da,naes in accordance with Florida Statute

720.303(b) Said damages to be determined at an evidentiary hearing.

I HEREBY CERT WY, that a true and correct copy of the foregoing has beendelivered by hand delivery to the office Gary Shipman, Esq. at 1414 County Highway283 South, Suite B, Santa Rosa Beach, FL 32459

Box 613524WateSo FL 32461Tel: t 23l-S616

John,

All s well with me.,I hope that it is with you. I believe that the ORB approval isrequired, but you can contact Hal Laird at 267.2084 to make sure. Hedoes there'iew en approval of the application for the Plannin9 issues beforethe Building Department issues the permIt. Thanksl

prom: Mbsolute@aol corn mailta:MbsoIuteaaLcom}

Sent Monday, October 12, 2009 11:47 AMTo: Billy

BeardenSubject: John CarrolL/Chambers Street

Builders

Billy,

I hope you are doing well.

I want to permit a single family residence inWaterSound but the plans are not approved by the ORB. Can I obtain aWalton County permit anyway?

Thanks, .John Carroll

Monday, November 02, 2009 AOL: A Absolute

Subj RE: RE: John Carroll/Chamber, Stroet Builder,Date: 10/1212009 4:23:44 P.M. Central Daylight TimeFrom: [email protected]: [email protected]

No, have to have approval from Wateround. Sorry!harry (Hal) LairdPlannerWalton County Planning and Services Divi,[email protected]

Onginet Meesage-From: aabsolute@aoLconi !mailto:aabsoiuteaol.conh}Sent: Monday, October 12, 2009 12:03 PMTo: Hal LairdSubject: Fwd; RE: John Carroll/Chambers Street Builders

Hal, [want to pernilt a new single family residence in Watereound butthe plans are not approved by the DRB. Can I obtain a Walton CountyBuilding pernit anyway?

Original MessageFrom: Billy Bearden beabillyco.waIton.fl.ua>To: AAbsolule©aol. cornSent: Mon. 12 Oct 200911:5215 -0500Subject: RE: John Carroll/Chambers Street Builders

Page I of I

rn-1)-T-

cunuttjon is located in the Co1 Connictloo Zone, both ada of plans must includeWaltai County Wind Load Stalunmt

. . ficSabdIteioc eld Recorded P1st, If apç&,bt..

ANWo,Il L.rUw fro, tie ArcMltictarul Rr,lsw Csmndtlac If BalkIligkI a SsbdlvWeo 1Wrequir. spprov,I to baUd.

11. . - ist be a d the ' of Co.)

Prodnet Approval Sp.clflratloa Suit - You y ecqufre egroval nmubem from the Vandor ISupplia or frcnn wfioddabuiIdue.or. Note: Th form ash be signed.

Watla. - Any State or Fr4asl Jwiallc*jonl Wetlands on Ux psrccl must be indlatrsl on theflat Plan or SItC Plan. The applizd is rssponsible ftr the delleeettoe of the epecntc baitdatiof State and Feds1 Jürla1IiooaI WdJaidi. Any impecte to tire S or Fad Witlands fromconarnlaion tivltis oumt be pudtied by the Florida Dapsilmeet of Eavlronmciflpl Protectionondkr the U.S. Army Corps of Engineers before the County wift rsea Building Punnit(FDEP: 850-595-8200 and U.S. Army Cotpe: 850-763-1955)

Cmaercla1 ProJrda or Melti-Psally ijilte of 3 or aere sad their iceshioty hr.ctP.rs

1. Dev.kIp.st Or.r fru. FIaaaIng D.partacot will Approved Sits Plea (267-1955)

2. Fellew Steçis 1- U Above. Note: All conmierelal projects require 2 ids of building plane.

Satheck Reqalremeots fre Sfriietvr to Property Usat Front 20 ft, Back - If ft. Sides -7.5 ft. (cxction: 5 ftsides if property was platted or hat a dm6 before June 1975-_uvi4c ianx,1.

Setback Riqoirsavet, frOth SIt-nm t tie lewlsg Cic -SOft., Wctinds 25 ft. BaySO ft.. Rivn 30ft,Coastal Lake 100 ft (Eocptlort For Single Family Dweillnp - Lots of Record prior to Dec. 28. 1992,That ate lam thai 200 ft. -25 ft or 20 porcont of lot depth, whicirever- is 5rt.)

Wbee paying for Per.tt, the Centr,eadr atoll pay for Fe.-mft with CASH. CHECK or Credit Card. If tie Homeowasr Ii p.rckaslapermIts ii as Iicttyldeal, thee they mist pay CASH. PERSONAL CHECIC. or Credit Card. J'erscn.l CWIa and CruduiCard, froLCOURIERS will sot be acceoted

Revised 6-25-07

App4Icado Date Per*ft Ckrtr

WALTON COUNTY BUIU)ING DLPA&TMZNT CHrCKUST FOR BUILDING PNOlTh WALTON g92.I 60, SOUm WALTON 27-2flg4

App1ilJC1tat N Pc, 11 tc Ci-\ r'

I. Tax LD. Map & Parcel Nabor- Can Pmpaty Appralier at 5924123.

2. Sei,dc Tuk Peredt or Wifor aid Sewer AyaIlabdfty Letter fri. Utility Co. - HJih Dept592-&)21, South Walton UtWtice' 537-8, Rogionel t1tfIitf: 231-5114. Inlet Bok; 23 I-44, orPreepod City Hall. S35-2

3 fgy Fsc.i - If planning on bcethig & onollng the building with a ciflil unit, t ,woroompeny or individual aie'cc. Neta Tergy Fore Mt Be S4sd.

I.peet Pee Rrcelpt- South Walton izt* call 267-I 29L toin ar iallotth Walton obtain fromthe Building Dept. Libuty aria (Dowdie Gsa Co.) 92-7055, or Frecpor* City Limits &3-2S22.

Fiat Pisa - A led plot plait or omlthod nvey ebowing all iuçovomonn bath odating andPrcçoeul mad ts, aiaavutiou uces and tight of ways uu* bcailanlued 6 Iota le. thenone u in . Flot FI for Lots I acre or ow need ont be anded or d tImUating med willbe atanded for to the building. hhleate th0 location of the toed on the Plot Plan and how far itwill be niaided. If adj.oit to or hi vininity of& Cotal Dune Lake, an Iow that information.

6 Sarv.y - A. Boundajy Sorvey from a Cmtl&d Surveyor may be requited ftn' lrt Less than one acm.B. !fuwe is o 2 .twlc, must have Thpogrephlc Survey with rwtsriml celcrxarnt of Isuage- rmt ofI1. and height of building. C. Must indieate Flood Zone, 1). Anothcr ac'ey wiltbe required following the itnfaflation of the slaWflocr frwilog ill Iota Ii. than 1 acre. Th airway___be tmrw.d I. to the Iidg. Dept. peter to athedduag Friteg lupadlee.

7. Iâevatlou Certitiril. (Plaid Zew. Oily) - Three icqulred 1. Proposed ii pmnitthig. 2. Un&crmatructkii at fataidgkm, mid 3. Aa built fansL

8. Plus for Owe or Two Fandly Dwalliap aid their aecassary ttrnctlrse, aid other bulldla$s:NoPI s-lfconatrudbon ii less than 4(10 . ft andnolCoaitilTwo Sats of Pl- Ifcrmatxuction is 400 iq. ft. or reore aid loot CosstiLTwo SeN of Pimia Sod & Scaled by a Florida Reclatued Architect or Eimlnc - If the

The Architectural ConsuUant wit! assist the Architect to produce an approveddesign, perform initial reviews and provide written reports to the Owner andArchitect via Email.The Architect must respond to any matters identified in the preliminary report(sprior to submitting plans far final approval review.Application RiviewThe Architect and Landscape Architect of Record should make ALL submissions to theoflice at the DRB Coordinator.Final R.vl.w SubrnitsloriI, Architect must submit one (lj set of architectural drawings, spOcifications and a copyof the approved landscape plan, dated, signed nd sealed by the approved designprofessionals. The construction documents shall be complete and detailed so that allsignificant aspects of the construction are clearly identified and con be readilyunderstood by construction professionals. The drawings shall all be 24x36 size andbound in one set. The final submission should also include exterior color selection andany exterior specifications and fixtures.2. The Architectural Consultant will issue ci wntten Notice of Eligibility for Construction.3, Once the design is approved by the DRB, the Contractor/Builder of Record mustcontact the Compliance Officer and schedule a Pre-construction Site Conference toreceive the DRB letter of approval, which is required by the County to submit a buildingpermit application.An .sllmat.d/av.rag. lime lineEach project is unique and review time depends in pan on the time the Architect needsto make

Design Review FrocessStep I Select a eg4st.r.d Architect and Landscape Architect.Contact the DRB Coos'dinator for a current List of Approved Architects/Designersand Landscape Architects.Architects other than those listed may only be employed after ORB approvaL Askyour selected Architect to contact the DRB Coordifltôr for an application andiOstwctions on the approval process.The selected Architect must contact the DRB Coordinoor to confirm they are usingcurrent DRB review forms.Step 2 SeLected A,chtt.ct muit schedul, a Pre. DesIgn Msftn wtth DR Consultant.?rior to beginning design work, your Architect is required to meet with the DRArchitectural Consultant to clarify the de5ign philosophy and design guidelines, thespecific lot criteria and the review procedures to ensure good communication.and to reduce time needed for approval.Step 3 Azchlf.ct Submits Pr.flmtnary Plan Rsvl.w Appticatlon and P.esA preliminary plan submission is intended to iesolve design issues before incurringthe expense of contract documents.The initial submission must include:

The completed Design Review Application$1,500.00 non-refundable Design Review fee mode payable to the proper

entity either WaterColor or WaterSound Beach Community Association,lnc.

Site planFloor plansAll exterior elevationsCertified survey with raised, signed seal. Survey should include property

lines thnnaronhic linac. cinnificcif trpec. Lit iliti5.

at 850-231-741 I.

revisions and resubmit revised plans to the DR. The Design Guidelines states that the"Reviewershall make a determination on each tinal application within 45 days utter the completedapplication and all information is presented to the DRB but the Board makes every efforttorespond well within the allotted time frame.Architectural Consultant: Tim Reese - email - drbgnt.net.phone . 850-225-6711S.nd AU. wchtt.cturol submission, toThe DRB Coordinator: Tracy ReganOffice of Design eview133H S. WaterSound f'kwyWaterSound, FL 32413email [email protected] 850-231-7411Modifications - Please note that any modifications to the exterior of any stnjcturellotmust beubmitfed to the ORB for approval. This includes, but is not limited to: garages, any type

ofoutbuilding, decks, terraces, patios, courtyards, walks, driveways. parldng areas.swimming pools,greenhouses, wolls, fences, exterior lighting, exterior color changes of any exteriorsurface,landscaping, cut and fill operations. drainage, or removal of any existing vegetation. Ifyou haveany questions regarding a possible modification, please contact the Design ReviewCnordinr,tor

nai avet UUU, IflC 111W lCU a-V w iuuuw up u urcganling my cJiaits.

P ur directive, my cileil and I appwed this morning at the DRB Meeting. butwbi we rived we wue told that Sandy Matteeori had ahesdy left and the 1MW hadalready disonased the iues regwding my c1Lns i would heve bcea nice to at leanthave reonved a e call bere we made the to the meeting, and I wouldappreciate the cxurteey of aaine m the futwc.

This zIxnmng my thmd mxli wae provided with a list of iasuee to nddrees ontwo houaea in WatColor whith they e ingto pioinptly addra, but again my cliontsand I mo confused as to why they c anapeeded from building in WateiColor. Youindicated to me that they we suepded bocmmo of iaaues on thrc two housee, but myclia have also beeii advised that there wan sonic sort of oounpaint filed by anotherhomeowna which jwuptvd this pmkm The mreiit suspcnaiois that has takeeplace appeera to predate ti ianuea on the two bousee wiñth makea it ev more undear

it is onafusing to aay the leant, and my clients are being siouly igr4 by thisuncertainty an they are reedy to start cx,nstruction in WateiCo1or on anotb house.Fur henxiore in justiable reliance upon being an approved builda in WaterColor foreeveral they have spent significant time and expense marketing for mslrurtion

1

Daniel W. Ulilfekier, PAAttorney at Law

124 east County Rd 30AGraytoii Bath, Eorida 32459

Te1epoe 8534-O246Fachnjk 850/534-O5

Nveinb 9,2007

VIA EMAIL AND.EGULAR U.S. MAIL

KmcIh Rui&Vioe Preidait of OpationsSt. Joe Company133 S. Watioaxd PadcwayWatsound, FL 32413

Re: Joi Cwoll I ciiamb Stree Biñ1d, Inc.

DcatKai

A8 fifJ

theac doczuii within 10 bciinea da pwcunt th Flocida Statut Stki 720.303(5),and alw p1ee c me oc have the sppmpia*c pso mess soon ss possibleto addrs the is in this It so my thi1a d I cn pl1 acxdinIy.

SinceJy,

cc diocits

2

work in WatmCo1. Notwithstanding the obviot estoppcl and relian issue that havabout cated tomy clients' ddrixnutt, it a tome that tnaideaing the zrruit state ofthe rail estate miitst, WatCo1or would want moftops.

Again, my cliasta e rtady willing d able to work anilcably with u all tothese issues jIved, but time is of tha aiscc an this You advised today that wewould be gting anwo sod of ouneapondance from u all 'to bring some darity to theseissues, asit reeflyis un why my diesita are bthig treated in this mama.

In any event, my clients e hthy reqcsting that your clients jauvide and makeavailable for review the following doasnents whioh they m'e catided to review pursuantto Florida Statutes Section 720.303:

Any and all do muns, correspondenoe, oosnnamicthans, c-snails, notes,and/or pepu, regarding and/or rilating to John CEroll and/ac thanibacs Strant Builders,.inc.;

Any and all doc'.imaita, uorrespondencc, oun uzñcstiurs, c-mails, notes,and/or p'iesa ienfing and/or relating to approval of oontracors/buildas withinWaterColor WesSoa and

Any and all doaments, ceepoodence, ansnniuuications, n-mails, notes,andor pap regarding and/cc relating *0 the diiiplin4ng, orrunoval of cos ore/lruilders within Wet'Color and WatScumd.

Thank very much. Pleese c.oact me an I can mike rangents to review

From: Daniel W. Ijhtfelder fmaIIto:daniel@dwulawcam]Sent; Thursday, May Dl, 2008 2:48 PMTo: Sandy Matteson; [email protected]: mary.roseihe1m@;oe.mSubject: RE: Mary joule

Can you tell us the name of the vendor you reference below please?

Also, who is repeatedly asking you about the house and how are these commLncatEons being conveyed? Arethey calling you up or talking to you onsite? We would request that you produce all documents regarding suchcommunications as soon as possible, and document any future communications so you can produce them inthe future.

I am kind of at a loss as to why you should be receiving repeated questions about the house and who areasking all these questions. Maybe you could give us some more information on who and why you are gettingthese "repeated questions so we could adequately respond, and direct those inquiries to my client. Pleesimply direct these repeated" questions to my client so he can adequately respond and help relieve you ofthose duties, as I am sure you have much more important things to do than engage fl small talk about myclient's house.

Also, please refrain from ergaging in any conduct that could be construed as improperly interfering with myclients business.

Thank you very much.

Original MessageFrom: Sandy Matteson [maUto:smattesontccmcnet.com]


Subj: R: Mary JouleDate: 5f212008 12:09:22 P.M. Central Daylight TimeFrom: [email protected]: [email protected], [email protected]: [email protected]

As the company that oversee the management of the property and the oversight of the Design Review, theowners have full rights to contact us at any rne..

I will gladly pass any written requeste on to you if they come in however, it is more likely they are questions thatare expressed in our daily contract with the owners.

Questions on construction do not necessanly represent onticiern about construction.... Many of the questionsstem from th tower being constructed without seeing the relationship to the rest of the house..

Sandy MattesonVice PresidentCapital Consultants Management CorporationNorthwest Florida Main Office1 33-H S. Watersound PkwyWatersound Beach, FL 32413Email: srnattesoniccmcnet.comVisit our website: www.ccmcnet.com

CONFIDENTIALITY NOTICE: This e-mail rncsaac, including any atlschmenls. is for the soic us of the intended recipicnIs) andmay eoniain conlidentia! and privileged informaiort. My unauthorized revicv, use, disclosure or distribution is cohibitcd. If you arenot the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

Pa

LapIuu LUflSUJI4flth vianagemeni orpvratioriNorthwest Florida Main Office

33-H S. Watersound PkwyWatersound Beach, FL 32413Email: smauesoniccmenet.comVisit our website: www.ccmcnet.com

CONFIDENTIALITY NOTICE: This e-mail message, including any at nients, is for the sole useof the intended recipient(a) and may enniain cnnf,deatiai and privileged information. Any unaxthcnzed review, use. disclosure or distribution isprohibited. If you are not the intended recipient, please contact the senderby reply c-mail and destroy all copies of the or:ginalmessage.

From: Mbsoluteaol.com [rnaitto:MbsoIute©aoI,comSent: Monday, AprIl 28, 2008 5:24 PMTo: Sandy MaesonCc: nary.rosenheim@Joem; [email protected]: Mary Joule

Sandy,

Wil you please ask Mary Joule to stop visiting my jobs with her friends who are looking for work?Wit you please ask Mary ,Joule to refrain from talking to my customers about things tI-tat she thinks areinterior abojt the homes I build? Any builder, including me, can covertly make visits and observationsabout anothers work behind someon&s back. I am begging you to do something about this.

If you, Mary or anyone else wants to review my work and talk to my clients I am insisting that I benotified prior to such. I know Mary is actively pursuing this course of action and the continuity of such

Monday, November 02,2009 AOL: A Absolute

Page 2 of 3

Sent: Thursday, May01, 2008 11:57 AMTo: AAbsc,lute(aol .comCc: m rsenheimjoe.com; [email protected]: RE: Mary ioule

Included in the position of any compliance officer is the daily inspection of homes throughout theWateColor and WaterSound Communities. If you are asking If Mary has been thared to observehomes within the community under construction every day, the answer would be yea.

I had spoken to Mary and had asked her if she had taken anyone to the house, and she told me it wasonly a vendor who was performing the work that had nt been done as part of the punch list..As I see there is a new email today, you are attempting to complete the list instead..

For whatever reasDn, the home you are constructing at Yachyt Pond Lane lot 26 is one of the mosttalked about houses at WaterSound Beach.

believe it is based on the way tIe construction of the tower has proceeded the home I personallyhave been asked repeated If the tower exceeds the height and how the tower is being constructed.My answer is always the same, the DRB is charged with the esthetics, design end compatibility of thehome in The community. However things such as height are an issue in the community and will bereviewed. I believe Mary will respond in the same form, however will seek this information from her Asthe construction of this house is somewhat different, I would suspect we would keep a Close eye on it toensure to is compatible on all aspects of the design guidelines..

Please let me know if you have any concerns and we car address them on a case by case basis..

Sandy MattcsonVice Presidcrit


has no legitimate purpose.

Thanks, John Carroll

Need a new ride? Check ut the largest Site br US. used car listings at AOL Autos.

Page 3 of3


Subj: Lot 24 Wat.rSound Biach r..ponIe to letter from I R.an dited 3112109Date: 3/25/2009To: [email protected]: atambri@ccmcnetcom, jjlucheseembarqmail.com

Tracy,

I received your latter of March 12, 2009 regarding the ccnstructton timeline on Lot 24 WaterSound beachPhase IV. I wish to respond in writing as you requested. In order to prepare a proper response 1 will need toexamine tile HOA records of tile many constructhn projects that have come under this purported DesignGuidelines provision. I will ask to review the HOA or DRBs standard farm letter of Notice to thehomeowner your office has sent in tile past. I will ask to review the response of each by the homeowner.

I can come to your office for the review so there is no financial burden on our HOA and will promptly issuethe written response. Im invoking my request by the aithority granted to me under Flonda Statutes 720.30 (4)and 720. 303 (5) and any other legal authority.

Thanks, John Carroll

Pag

t.. uptiui Lunsuuu,If3 iv1uflugLmerlI U.. Elf [44 ILIrl

Northwe.ci Florida Main Office

1394 Co. Hwy 283 Sauzh, Bldg 7

Santa Rosa Beach, FL 32459

Phone 850.231.1035

Fax 850,231,4526

Email: Ircgatl'wccncnL'I. corn

Visit our website: I'I'i. LL'IflCtICl. corn

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Subs: Your requs.t toi- Information on build timeDate: 10/2912008 11:52:03 AM, Central Daylight TimeFrom: A AbsoluteTo: tregan@ccmcnetcomCC: [email protected], jjlucrese@embarqmail corn

Ttacy,

On March 12, 2009 the DRB sent me a noticaton that Lot 24 was moving up on 16 months construction andthat there was a potential fine. I resporded on March 25, 2009 that! Would prepare the statement you asked for,but that I would require some documents from the DRB in order to prepare a proper response.

This is what our communication looked like to refresh our memories:

That will be tine. I will see you Tuesday at 11:00.

Thank you,

Tracy Regan

Design Review Coordinator

Tracy Regan


Capital Consultants ManageMent Corporation

Northwest Florida Main Office

1394 Co. Hwy 283 South, Bldg 7


Phone 850.231.1035

Fax 850.231.4526

Email: ucgo,1(a)ctmc,?cI. corn

Visit our weh.sjje, utv' c cme,wt. corn


In a message dated 3i2512009 9:29:01 AM. Central Daylight Time, treganccmcnet.com writes:

John,

I can have the records ready for you to view on either Tuesday or Wednesday of next week.Please let me know a date and time that will be convenient for you.

Thank you,

Page 2 of 3

From: AAb ec)aol.com [maiffo.AA1so/uteol.cmjS.n1 Wednesday, f4a,t* 25, 2009 6.'15P14To: Tracy R7anCc: Alex Panibri; j/iudiese)embargmaiL corn; £ndy tlatteson, Mbsolute)aoi cornSubject Re: Lot 24 Wate,Sound Bead, ,esoonse .o letter from TRegan dated 3/12/0

Thanks Tracy for your quick response. / 71 see you or, the earlier free day, Tuesday. Can I please come to theOIhCO t 11.00?

Thanks You, John

carl come to your office for the review so there is no financial burden on our HOA and wi/I promptlyissue the written response. I'm invoking my request by the authority granted to me under FloridaStatutes 720303 (4) and 720.303 (5) and any other legal authcjnty.

Thanks, John Cairn/I

You were most efficient by setting up the meeting and preparing a spreadsheet showing the 17 active jobs inWaterSound Beach You did not provide me the responses of the homeowners and your documents werehmited to just 17 active projects in WaterSound Beach.

Wnen can I expect the responses of the homeowners and the documents on the earlier projects?

Thanks, Thanks, Thanks John Carroll


Page 3 of 3

CONE/DEN TJAUIY NOT1C.E: This e-mail message, including any onachments, is for the soie use of the intended recipienf()and mt contain conjidenjial and privileged information. Any unauthorized review. use, disclosure o' distribuoan isprohibited. l[you ore no: the intended rectpwru, please couacr the sender i'y reply e-mail and destroy all cope.r of the originalmessage.

From: MsoMeiaoI.vm [mai1to:MbOlute'acl.cc,n]Sent: Wednesday, Ma,rh 25, 2009 7:29 AMTo: Tracy ReganCc: Alex famb,!; jJIuc/iesecJembarqinai/. winSubject: L,t24 Wate,Sound 8each ,'sponse t letter ftr,m TRegan dated 3/12/09

Tracy,

/ recOived your letter of March 12, 20Q9 re'arding the construchon tirneilne on Lot 24 WeterSoundBeach Phase IV. I wish to inspond in writing as you requested. In order to prepare a proper response Iwill naed to examine the HOA records of the many construction projects that have come under thispurpoded Design Guidelines provision. I will ask to review the HOAs or DRB's standard ftnm letter ofNotice to the homeowner your ofñce has sent in the past. I will ask to review the response of each bythe homeowner.

Petitioner, John Carroll ("Petitioner"), in this action for Petition of Injunction,seeks to enjoin Respondents WaterSound Beach Community Association, Inc.("WalerSound") and all of their agents or assignees of any kind, including SandraMatteson ("Matteson") from withholding Design Review Board ("DRB") documentsfrom the Petitioner or the community at large. WaterSound and Matteson are situated inWalton County and the actions of the DRB occur within Walton County, therefore thisCourt has jurisdiction to make a final ruling on this matter.

Petitioner has statutory standing to bring this action in several ways. First,Petitioner is a member of the WaterSound HOA and is entitled to review the records ofthe WaterSound DRB as a matter of Law. Florida Statute 720.303 is very clear andgrants any member of an 1-IDA the right to examine DRB documents within 10 days of arequest. Petitioner has made repeated requests for documents during the past 26 monthswhich have not been honored. Petitioner has appeared for settlement talks withWaterSound several times in an attempt to rest this disagreement. WatcrSotmd cannotlegally defend their refusal to supply Petitioner with community documents. That said,Petitioner does not take any additional time of this Court to add clarity to it's argumenton grounds flowing from Florida's Homeowner's Association Statute, Chapter 720.

Please allow Petitioner to redirect this brief to his standing granted by the FloridaSunshine Statute. The Court should review a document which is central to this casewhich is known as the "Letter of Final Approval". This letter is required by the Walton

V.

WATERSOUND BEACH COMMUNITY ASSOCIATION, TNC.,Florida CorporationDAVID LILIENTHAL, individuallyand as Director,MARY JOULE,SANDRA MATTES ON,RONALD VOELKER,JOHN DOE, JANE DOE, and OTHER UNKNOWNCONSPIRATORS

Defendints.

J THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUITIN AND FOR WALTON COUNTY, FLORIDA

CIVIL DIVISION

JOHN P. CARROLL,

Plalntifl Cisc No.: 09CA002021

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PETITIONER'S SUPPLEMENTAL BRIEF IN SUPPORT OF INJUNCTION

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parlies of the transactions. Upon eventual receipt by the resident andlor builder of thccommittee's formal decision, the resident is notified that their project is approved forpursuit of the next stage of permitting or is being returned with comments for changes. Ifthe resident successfully follows through with WaterSound final plan approval, they areissued notice and required to set a pre-consiruction site conference between the builderapproved by the community and a representative of the community.

The pre-construction site conference consists of a physical inspection of the landto be improved, establishment of the elevation of the proposed building's first floor and areview of the community's contractor standards. If the contractor is not approved forconstruction by the community, the Letter of Final Approval is not delivered, regardlessof his valid State and Walton County Contractor's License. Without the Letter of FinalApproval, the resident cannot obtain a Walton County Building Permit,

When an agency of Florida's government delegates authority to a privateorganization to make decisions on pub1i matters, that private organization is subject toFlorida's Government in the Sunshine Statute. This will end this brief which isrespectfully submitted to this Court for consideration and final determination.

Petitioner has assembled Statutory and Walton County citations of authority forthe Court's review, if needed, which are included in the pages that follow.

Florida's Sunshine Statute is intended to open the books of government to thecitizens. Florida's citizens aren't required to explain why they want to review records,they're simply entitled to full disclosure providing no privilege or exclusion exists. Atfirst glance it might bc reasonable to conclude that a private HOA enjoys privilege overrecords concerning it's Design Review Actions. In fact, Petitioner concedes that itcannot find a case where this question has been presented to a Florida Court. This is thecase, this is the time, the issue is finally ripe.

The Walton County Planning and Building Departments are the localgovernmental authorities for citizens seeking a building permit. A resident must complywith several public office and legislative prerequisites first, unless the Florida residentwishes to construct a building within WaterSound, WaterColor, Rosemary Beach orseveral other Walton County communities. In these special cases, the Walton CountyPlanning and Building Departments have delegated their preliminary permit approvalauthority to WaterSound and the others. Simply put, no approval front the privatecommunity's DRB, no permit from Walton County. That is the place and time when theprivate DRB becomes public regarding florida's Sunshine Statute.

WaterSound and other private Walton County communities require their ownersand builders to submit highly detailed permitting submittals prior to review. Duringreview of the submitials, WaterSound's DRB committee meets and makes decisionswhich are evidenced by notes and other memoranda- At some point, the meetings of theDRB committee members axe considered complete and adjourned. Al some timethereafter, reports of some of the DRB's conclusions are transmitted to some of the

L

Code.

553.79 Perinils; applications; Issuance; inspectlon.-

After the effective date of the florida Building Code adopted as herein provided, itshall be unlawful for any penon, firm, corporation.. to construct, erect.., any buildingwithin this state without first obtaining a permit therefor from the appropriate enforcingagency or from such persons as may... be delegated authority to issue such permits.

Except as provided in subsection (6), an enforcing agency may not issue any pennitfor construction. erection... of any building or structure until the k)cal building codeadministrator or inspector has reviewed the plans and specifications...

553.791 Alternative plans review and inspection.

(1) As used in this section, the term:

(c) 'Building" means any construction, erection, alteration, demolition, or improvementof, or addition to, any structure for which permitting by a local enforcement agency isrequired.

(g) "Local building official" means the individual within the governing jurisdictionresponsible for direct regulatory administration or supervision of plans review,enforcement, and inspection of any construction, erection, alteration, demolition, or

Citations in Sunport of Petilion for thiunclion

Florida Statutes

553.38 Application and scope.The department shall enforce every provision of theFlorida Building Code adopted pursuant hereto, except that local land use and zoningrequirements, fire zones, building setback requirements, side and rear yard requirements,site development requirements, property line requirements, subdivision control, andonsitc installation requirements, as well as the review and regulation of architectural andaesthetic requirements, are specifically and entirely reserved to local authorities. Suchlocal requirements and rules which may be enacted by local authorities must bereasonable and uniformly applied and enforced without any distinction as to whether abuilding is a conventionally constructed or manufactured building.

553.73 Florida Building Code.

(4)() All enthies authorized to enforce the Florida Building Code pursuant to s. 553.RO

shall comply vith...procedures for plans review and inspections.... The local governmentshall make such amendments available to the general public in a usable format.

(12) The florida Building Code does not apply to... zoning requirements, land userequirements, and owner specifications or programmatic requirements which do notpertain to and govern the design, construction.., of private buildings.., or tonrorammatie reauiremcnts that do not pertain to enforcement of the Florida BuildinR

(1) Except as provided in paragraphs (a).(g), each local government and each legallyconstituted enforcement district with statutory authority shall regulate buildingconstruction and, where authorized in the state agency's enabling legislation, each stateagency shall enforce the Florida Building Code required by this part on all public orprivate buildings, structures, and facilities, unless such responsibility has been delegatedto another unit of government pursuant to a. 553.79(9).

163.3220 Short title; legWattve intent.Sections 163.3220-163.3243 may be cited as the "Florida Local Government

Development Agreement Act."

The Legislature finds and declares that:

() The lack of certainty in the approval of development can result in a waste ofeconomic and lund resources, discourage sound capital improvement planning andfinancing, escalate the cost of housing and development, and discourage commitment tocomprehensive planning.

(b) Assurance to a developer that upon receipt of his or her development permit orbrown.field designation he or she may proceed in accordance with existing laws andpolicies, subject to the conditions of a development agreement, strengthens the publicplanning process, encourages sound capital improvement planning and financing, assistsin assuring there are adequate capital facilities for the development, encourages privateparticipation in comprehensivc planning, and reduces the economic costs of development.

substantial improvement of, or addition to, any structure for which permitting is requiredto indicate compliance with applicable codes and includes any duly authorized designeeof such person.

553.792 BuIlding permIt application to local government,

(1) Within 10 days of an applicant submitting an application to the local government, thelocal government shall advise the applicant what information, if any, is needed to deemthe application properly completed in compliance with the filing requirements publishedby the local government. If the local government does not provide written notice that theapplicant has not submitted the properly completed application, the application shall beautomatically deemed properly completed and accepted. Within 45 days after receiving acompleted application, a local government must notify an applicant if additionalinformation is required for the local govcrnmcnt to determine the sufficiency of theapplication, and shall specify the additional information that is required. The applicantmust submit the additional information to the local government or request that the localgovernment act without the additional infonnation. While the applicant responds to therequest for additional information, the 120-day period described in this subsection istolled, Both parties may agree to a reasonable request for an extension of time,particularly in the event of a force major or other extraordinary circumstance The localgovernment must approve, approve with conditions, or deny the application within 120days following receipt of a completed application.

553.80 Enforcement.-

rezorng, subdivision, building construction, or sign regulations or any other regulationscontrolling the development of land.

an example of customary disclosure of records pertaining to planning or zoning oraesthetics:

163.3174 Local planning agency. (5) All meetings of the local planning agency shallbe public meetings, and agency records shall be public records.

163.3243 Enforcement.Any party, any aggrieved or adversely affected person asdefined in sl63.3215(2), or the state land planning agency may file an action forinjunctive relief in the circuit court where the local govermnent is located to enforce theterms of' a development agreement or to challenge compliance of the agreement with theprovisions of ss. 163 3220-1633243.

489.105 Definitlon.As used in this part:

(12) "Local construction regulation board" means a board, composed of not fewer thanthree residents of a county or municipality, which the governing body of that county ormunicipality may create and appoint to maintain the proper standard of construction ofthat county or municipality

489.108 Rulemaking 2uthorily.The board has authority to adopt rules pursuant to ss.

1633221 Florida Local Co'vernment Development Agreement Act definitions,Aiu%ed in s.163322O-l63.3243

"Developer' means any person, including a governmental agency, undertaking anydevelopment.

"Development" means the carrying out of any building activity or mining operation,the making of any material change in the use or appearance of any structure or land, orthe dividing of land into three or more parcels.

(a) The following activities or uses shall be taken for the purposes of this act to involve"development":

1. A reconstruction, alteration of the size, or material change in the external appearanceof a structure on land.

"l)evelopment permit" includes any building permit, zoning permit, subdivisionapproval, rezoning, certification, special exception, variance, or any other official actionof local government having the effect of permitting the development of land.

(8) "Land development regulations" means ordinances enacted by governing bodies forthe regulation of any aspect of development and includes any local government zoning,

should identify the specific ordinance that is being violated, provide information on howto comply with the ordinance, and specify a reasonable time for the viointor to complywith the ordinance. Failure of a licensee to take action correcting the violation within aset period of time would then result in the instimtion of further discipliniry proceedings.

489.117 RegIstration; speelsity contractors.

(b) Registration allows the registrant to engage in contracting .. in the counties,municipalities, or development districts where he ... has complied with all local licensingrequirements and ... for the type of work covered by the registration.

489.129 Disciplinary proceedings.

(1) The board may take any of the following actions against any certificateholder orregistrant ... if the contractor ... is found guilty of any of the following acts:...

(12) When an investigation of a contractor is undertaken, the department shalt promptlyfurnish to the contractor or the contractors attorney a copy of the complaint or documentthat resulted in the initiation of the investigation. The department shall make thecomplaint and supporting documents avai)able to the contractor. The complaint orsupporting documents shall contain information regarding the specific facts that serve asthe basis for the complaint. The contractor may submit a written response to theinformation contained in such complaint or document within 20 days after service to thecontractor of the complaint or document. The contractor's written response shall be

120.536(l) and 120.54 to implement the provisions of this chapter conferring duties uponit.

(4Xa) When a certificateholder desires to ene in con raeiin in any areao( the state,as a prerequisite therefor, he or she shall be required only to exhibit to the local buildingofficial, tax collector, or other person in charge of the issuance of licenses and buildingpermits in the area, evidence of holding a current certificate and to pay the fee for theoccupational license and building permit required of other persons.

(b) Notwithstanding the provisions of paragraph (a), a local construction regulationboard may deny, suspend, or revoke the authority of a certified contractor to obtain abuilding permit ... if the local construction regulation board has found such contractor,through the public hearing process, to be guilty of ... after providing notice of anopportunity to be heard to the contractor.....Notification of and information concerningsuch permit denial shall be submitted to the department within IS days after the localconstruction regulation board decides to deny the permit.

(d) it is the policy of the state that the purpose of regulation is to protect the public byattaining compliance with the policies established in law. Fines and other penalties areprovided in order to ensure compliance; however, the collection of fines and theimposition of penalties are intended to be secondary to the primary goal of attainingcompliance with state laws and local jurisdiction ordinances.... A notice ofnoncompliance should not be ac.comnanied with a fine or other discir,linary penalty. it

11.04.00. BUILDING PERMITS, SIGN PERMITS, AND OTHERDEVELOPMENT PERMITS

1L04.0l. Applicatlon Generally.Application for a building permit or other development permit shall be made to thedepartment of planning and zoning on a form provided by the department, and may beacted upon by the department without public hearing or notice. No portion of permit feeswill be refunded if the permit becomes void.

11.04.02. BuIlding Permita.Generally. No erection, alteration, or reconstruction of any building or structure

shalt be commenced without first obtaining a building permit from the building official.Application. Each application for a building permit shall be accompanied by:

I. A plat drawn to scale, showing the actual dimensions of the lot to be built upon, thesize, shape and location of the building to be erected;

Written certification by a qualified professional that the plans submitted conform toall application regulations; and

Such other information as the Director deems necessary to provide for theenforcement of this Code.

Chapter XIS.00.02. Minimum Lot Area Requirements.

considered by the probable cause panel.

4S9313 RegistratIon; application; requirements.

(1) Any person engaged in the business of contracting in the state shall be registered inthe proper classification unless he or she is certified. Any person desiring to be aregistered contractor shall apply to the department for registration and must:

Registration permits the registrant to engage in contracting...

The local jurisdictions are responsible for providing the following information to theboard within 31) days after licensure of, or any disciplinary action against, a locallylicensed contractor who is registered under this part

Licensure information.Code violation information pursuant to a. 553.781.Disciplinary information.

The board shall maintain such licensure and disciplinary information as it is provided tothe board and shall make the information available through the automated informationsystem provided pursuant to s. 455.2286.

Walton County Ordinances

lighting plans and has determined that all proposed construction complies in all respectswith the standards imposed in this section. Detailed project lighting plans shall besubmitted to the Division showing the location of all exterior light sources relative toadjacent nesting habitat. The plans must identif' the location, number and type oflighting to be used for all fixtures. Each building permit shall include a condition that theexterior lighting actually installed under such plans must comply with the standardsimposed in this section before a Certificate of Occupancy may be issued. Applicantsproviding evidence that proposed lighting has been approved by the Florida Departmentof Environmental Protection as part of a permit for construction seaward of the CCCLshall he exempt from this provision. l-iowever, this exemption shall only apply to thoselights reviewed under the CCCL program. AU exterior lights landward of the CCCLwithin the Wildlife Conservation Zone must be reviewed and approved by the County asset forth herein.

10.02.02. Notice of Quasi-Judicial Proceedings.Unless otherwise specificafly provided for in this Code, each quasi-judicial hearing shallbe subject to the minimum notice requirements provided in Section 10.03.02 of thisCode.

10.02.03, Procedure for Quail-Judicial Hearings.The basic procedures to be followed in all quasi-judicial hearings shall be as set forthherein, but may be altered by other provisions of the Code within specific substantiveareas.A. Generally. Each quasi-judicial hearing required by this Code shall conform

1. Requirements for Residential Development. There is no minimum lot area forindividual lots within a residential development that will be served by both a cenira]water and central sewer system, provided that all of the following requirements are met:

The land area for the total project is sufficient to meet standards of this Code as statedin paragraph (A) of this section.

Residential density of the area shall not exceed that specified in the Walton CountyComprehensive Plan.

Land with the boundaries of a subdivision or a Neighborhood Plan, exclusive ofindividual lots to be conveyed in fee simple ownership, shall be owned andlor controlledand maintained through a condominium association, property owners' association, orother similar private legal entity, or may be conveyed to governmental or public not-for-profit organizations for the same purpose. Recordable instruments providing for thesecommon-ownership lands shall be submitted for review with the application fordevelopment plan review.

5.10.01. Standards for New Construction Activities.In order to minimize the impacts of artificial lighting on nesting sea turtles and theirhatchlings, and other coastal wildlife, the following standards shall apply to exteriorartificial light sources on all new coastal construction (including redevelopment andsubstantial improvements) within the Wildlife Conservation Zone for which a buildingpermit was issued on or alter the date of adoption of this ordinance:

.(1S) Before granting any building penniz, the Walton County Building Deparnantshall ensure that the County Planning and Development Division has reviewed the nroject

B. Duiqualillcation of Decision-Makers A particular decision-maker shall notparticipate in the rendition of a quasi-judicial decision ii a particular case if either:

Any of the following have a direct or substantial financial interest in theproposallrequest which is the subject of the quasi-judicial decision: the decision-maker;the decision-maker's spouse, brother, sister, child, parent, father-in-law, mother-in-law; abusiness in which the decision-maker is then serving or has served within the previoustwo years; any business with which the decision-maker is negotiating for, or has anarrangement or understanding with concerning, prospective partnership or employment.

The decision-maker owns property within the area entitled to receive notice of thehearing.

The decision-maker has a direct private interest in the proposal or request; orFor any other valid reason, the decision-maker has determined that slhe cannot

impartially participate in the hearing and decision.C. Conflicts of Interest. Any member of a quasi-judicial Board with a conflict ofinterest, as same is defined by Chapter 112, Part III, F.S., shall comply with therequirements of that Chapter.B. Participation by Interested Officers or Employees. No officer or employee of theCounty who has a financial or other private interest in a proposal shall participate indiscussions with or give an official opinion to the hearing body on the proposal withoutfirst declaring for the record the nature arid extent of the interest.E. Ex Parte Contacts. Quasi-judicial decision-makers shall reveal any prehearing or cxparte contacts with regard to a particular matter at the commencement of the hearing onsuch matter, For purposes of this section, "ex part& shall mean any contact with amember of the hearing Board occurring outside of the hearing of a matter. However,

essentially to the following procedures, as supplemented by other portions of this Code,and by law, rule or judicial decision:I. Applicant makes application through the Director of the Department of Planning andZoning;

County staff reviews application for completeness and compliance with this Code andall other applicable County regulations, and prepares a report to be presented as part ofthe evidence at the final hearing as to the matter;

The appropriate reviewing Board conducts a quasi-judicial hearing, which shalt befair, open and impartial in nature, and which shall be followed by issuance or denial ofthe requested action or development order/permit. The issuance or denial of the requestedaction or development order/permit is the final action as to the matter, and may only beappealed in the Circuit Court as provided by Jaw.

10.02.05. Special Pnwi%ions Relating to Quasi-Judicial Decilon-Makers.A. Cballengei to ImpartiMlity. A party to a quasi-judicial proceeding may challengethe impartiality of any member of the applicable Board. The challenge shall be made bysworn affidavit setting forth facts relating to a bias, prejudgment, personal interest, orother facts front which the challenger has concluded that the decision-maker cannotparticipate in an impartial manner. Except for good cause shown, the affidavit ofchallenge shall be delivered by hand delivery or US. Mail to the Director of theDepartment of Planning and Zoning no less than 48 hours preceding the time set for thehearing. The Director shall attempt to notify the person whose qualifications arechallenged prior to the hearing. The challenge, and any response of a challenged Boardmember thereto, shall be incorporated into the record of the hearing.

Dated: January 4, 2010

incidental preapplication contacts that do not include discussion as to particulars of apending proposal do not need to be stated. If the decisionmakers impartiality or abilityto vote on the matter has been impaired by any such contact, the decision-maker shall sostate and shall abstain from participation in the decision on the matter.F. Involuntary Disqualification. A majority of the members of a hearing body presentand voting may for reasons described by the Code or other applicable law vote todisqualify a member who has refused to disqualify himlherself.

1 HEREBY CERTWY that a copy of the foregoing has been furnished toCHRISTOPHER L. GEORGE, ESQ. P0 Box 1034, 56 Saint Joseph St.. Mobile, AL.36633 1034, attorney for WaterSound and Matteson, by fax and regular mail this 4th

dayof January, 2010.

WaterSoun., L32461Tel:(851 31-5616Fax: (S50)622-5618

MESSAGE

NUMBER OF PAGES, INCLUDING THIS PAGE: 4

PLEASE CALL 800-239-5733 AND ASK FOR MfcheIIe Chacon IF YOU DONOT RECEIVE ALL PA GES.

TH INFORMATION CONTAINED EN THIS TRANSMISSION IS ATTORNEY PRIVILEGED AND CONFIDENTIAL IT ISNThNOED ONLY FOR TIlE LSE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE

IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NCTIFED THAT ANY DISSEMINATION, DISTRIBUTION, ORCOPYING OF TH:S COMMUNICATION IS STRICTLY PROHIEITEO. IF YOU RECEIVE ThIS COMMUNICATION IN ERROR,PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN ThE ORIGINAL MESSAGE TO US AT THE ABOVEADDRESS VIA U.S. POSTAL SERVICES. THANK YOU.

Please file today Defendants Wetersound BeachCommunity Association, Inc. and SandraMatteson's Response to Plaintiff's Motion forInjunction. The originals are following In themail.

3Ws1

O1/08/20t3 XC4 16: 38 FAX 12514331086 CLARX, SCOTT SULLIVA Q0L/O34

SCOTT, SULLIVAN, STREETMAN & FOX, P.C.POST OFFICE BOX 1034

REGIONS BANK BUILDING56 SAINT JOSEPH STREET, 10th FLOOR (36602)

MOBILE, ALABAMA 36633-1034(251) 433-1346

Telecopier (251) 433-1086Wats (800) 239-6733

FAX COVER SKEET

DATE january 4, 2010

TO Circuit Civit Department

FAX NO. 1-850-892-7551

FROM Christopher L. George, Esquire

Re Carroll v. Watersound Beach Comrnuniy_4ssociation, Inc.eta!Case No.: 2009 CA 002021

v R 4

-, '.A WAS/aND SANDRA MA1TESPN'S RESP9NSE TO PLAJNFIFF'S MOTION FOR

INJUNCFION

COME NOW Defendants Watersound Beach Community Association, Inc. and

Sandra Matteson (hereinafter referred to collectively as "Defendants") by and through

counsel, and, in response to the Plaintiffs Motion for Injunction, which show onto this

Honorable Court as follows:

1. The Plaintiffs Motion for Injunction asserts that the Defendants have withheld

records in violation of Florida Statute o.3o3 for Homeowners Association, Florida's

Government in the Sunshine Statute 119.01(1) and Florida's Government in the Sunshine

Stature 286.011. The Plaintiff's reliance on Florida's Sunshine Statutes is misplaced as

these statutes pertain only to "state, county, and municipal records" maintained by an

"agency" of the state. Florida Statute 119.01(1). An agency, for purposes of the Florida

01104/2010 MON 16 38 F 12514331006 CLAII, SCOTT & SULLIVA21 002/004

IN THE CIRCUIT COURT OF THE FIRST JUDiCIAL CIRCUITIN AND FOR WALTON COUNTY, FLORIDA

CIVIL DIVISION

JOHN P. CARROLL,

Plaintiff,

v. Case No. 2009 CA 002021

WATERSOUND BEACH COMMUNITY ASSOCIATiON, INC.,Florida CorporationDAVID ULIENTUAL, individuallyand as Director,MARY JOULE, ',SANDRA MATFESONROI4ALDVOELKER,JOHN DOE, JANE DOE, and OTHER UNKNOWN a)CONSP[RATORS

Defendants,

/flPVINnA 1rT' WTP Q(TT1'T0 14 AC'U ('(Th4MT T1'.TITV A(1CT ATIflN ITW

and/or copy aJi of the material requested with the caveat that, as the Plaintiffs discoveiy

requests are broad enough to encompass communications between the Defendants and

counsel that are protected from disclosure pursuant to the attorney-client and/or work

product privileges, any such materials would be withheld from disclos'ire and a privilege

log provided as to any materials withheld on these grounds. Defendants respectfuily submit

that this renders Plaintiff's Motion for Injunction moot. Moreover, now that this matter is

in litigation, if there are any additional problems in the future regarding the Plaintiffs

attempt to obtain and review records they can be dealt with pursuant to the Florida Rules

of Civil Procedure governing discovery in civil actions such as this.

WHEREFORE, Defendants respectfully request that this Honorable Court enter an

order denying Plaintiffs Motion for Injunction.

1/O4/2DLQ )4O} 16 3 FAX I254331OB6 CLARI, SCOTT & SULLIVI5 OQ/OD4

Sunshine Statutes is defined as 'any state, county district, authority, or municipal officer,

department, division, board, bureau, commission, or other separate unit of Government

created or established by law including, for the purposes of [said statutes] ,the Commission

on Ethics, the Public Service Commission, and the Office of Public Counsel, aud any other

public or private agency, person, partnership, corporation, or business entity acting on

behalfofanypublicagency." FloridaStatutes 119.011(2). See also Shebin v. Byron Harless,

379 So.2d (Fla.1980). As the Watersound Beach Community Association, tnc. is clearly

not an agency as defined in the Sunshine Statutes, the Plaintiffs Motion for Injunction is

due to be denied to the extent that it is premised upon the Florida Sunshine Statutes,

2. The Plaintiff has now propounded discovery requests seeking to discovery the

seine materinlsallegedlypreviouslywithheldfrom him. Eventhoughthe r'esponsestothese

discovery requests are not yet due, Defend4nts' counsel has advised Plaintiff, in writing,

that he has no objection to arrange a mutually convenient time for the Plaintiff to review

foregoing p'eading upon the party stated below by placing a copy of same in the UnitedStates Mail, properly addressed and first-class postage prepaid:

John P. CarrollBox 613524WaterSound, Florida 32461

OF COUNSEL

01/54/2010 HDN 16 38 FIX 12511331086 CL0, SCOTT i SULtIV.II

RESPEeIFULLY SUBMITIED,

OF COUNSEL:

SCOTI', SULLIVAN, STREETMAN & FOX, PCP0 Box 1034Mobile, AL 36633Telephone: (i) 433-1346Facsimile: (251) 433-10B6

CERTIFICATE OF SERVICF

CIiRLSTOPI-IER L. GEORGE (oDefendants for WatersoundAssociation, Inc. and Sandra

znnmnity

I hereby certifvthatl have on this the 4th day of January. 2010. served a cony of the

follows:

1. Respondent has cut directly to the heart of this Petition when he quotes at

Paragraph (1) of his Response the definition of an Agency as, "and any other public

or private agency, person, partnership, corporation, or business entity acting on

behalf of any public agency." Florida Statutes 119.011(2). Unfortunately for

Respondent, his argument is self refuting at that quote. The Walton County Building

RONALD VOELKER,JOHN DOE, JANE DOE, and OTHER UNKNOWNCONSPIRATORS

Defendants.

PETITIONER'S REPLY TO RESPONDENT'S RESPONSE TO INJUNCTION

COMES NOW Petitioner, John Carroll ("Petitioner"), in this action for Petition of

Injunction, seeking to enjoin Respondents WaterSound Beach Community Association,

Inc. ("WaterSound") and all of their agents or assignees of any kind, including, Sandra

Matteson ("Matteson"), from withholding Design Review Board ("DRB") documents

from the Petitioner or the community at large and replys to Respondent's response as

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUITIN AND FOR WALTON COUNTY, FLORIDA

CIVIL DIVISION

JOHN P. CARROLL,

Plaintiff, Case No.: 09CA002021V.

WATERSOUND BEACH COMMUNITY ASSOCIATION, INC.,Florida CorporationDAVID LILIENTHAL, individuallyand as Director,MARY JOULE,SANDRA MATTESON,

15

vi R 5

that "Defendants' counsel has advised Plaintiff, in writing, that he has no objection

to arrange a mutually convenient time for the Plaintiff to review.....What the

Respondent actually said in writing was, "I do not foresee any problem with...we should

be able to schedule a date in the near future for you to review..." This proposed cure for

the public records violations of Respondents, came on the last business day of the year

and (2) years after the Petitioner's primary request. This is not a cure and certainly

2

The Respondent has had this Petition for Injunction in his hands for 61 days and now

says that he'll get the documents over to Petitioner right away, this after a 2 year wait

over several qualified requests. Even if Respondent really does follow through at this

13th hour, "it has been recognized that injunctive relief may be available upon an

appropriate showing for a violation of Ch. 119, F.S. See Daniels v. Bryson, 548 So.

2d 679 (FIn. 3d DCA 1989) (injunctive relief appropriate where there is a

demonstrated pattern of noncompliance with the Public Records Act, together with

a showing of likelihood of future violations; mandamus would not be an adequate

remedy since mandamus would not prevent future harm)."

3. At Respondent's Paragraph (2), Respondent sums up his case by saying

Department is a public agency. They have delegated the authority to WaterSound to act

on their behalf for preliminary plan review and approval of licensed contractors for any

Florida Citizen who intends to build within WaterSound. That relationship and act opens

and closes the case on this Petition.

2. At Respondent's Paragraph (2) the urgency and futile position of

Petitioner with regard to his multiple requests, spanning over (2) years now, is clarified

when Respondent is quoted, "The Plaintiff has now propounded discovery requests

seekiu to diseover(y) the snme materials allegedly previously withheld from him.'

under the statute); and WFTV, Tnc. v. Robbins, 625 So. 2d 941 (Ha. 4th

DCA 1993).

WHEREFORE, Petitioner respectfully requests this Court Grant the Petition for

Injunction against WaterSound and Matteson, and grant Petitioner all further relief he is

entitled to under Florida's laws.

3

St. Petersburg, 558 So. 2d 487, 491 (Fla. 2d DCA 1990) (although courts

do not ordinarily resolve disputes unless a case or controversy exists and

resolution would have some practical purpose, since the instant situation

is capable of repetition while evading review, we find it appropriate to

address the issues before us concerning applicability of the Public Records

Act for fttture reference'); Mazer v. Orange County, 811 So. 2d 857, 860

(Fla. 5th DCA 2002) ("the fact that the requested documents were

produced in the instant case after the action was commenced, but prior to

final adjudication of the issue by the trial court, does not render the case

moot or preclude consideration of the petitioner's entitlement to fees

doesn't render this Petition moot Please see Florida's own 2009 cioverument-in-the-

Sunshine-Manual at 2 B (4) Muotness:

In Puls v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA 1996), the

court noted that "[p]roduction of the records after the [public records]

lawsuit was filed did not moot the issues raised in the complaint" The

court remanded the case for an evidentiary hearing on the issue of

whether, under the facts of the case, there was an unlawful refusal of

.,kernrAc See also Times Publishing Company y. City of

Dated: January 4, 2010

I HEREBY CERTIFY that a copy of the foregoing has been furnished to

CHRISTOPHER L. GEORGE, ESQ. P0 Box 1034, 56 Saint Joseph St., Mobile, AL.

36633-1034, attorney for WaterSound and Matteson, by fax and regular mail this 4Eh day

of January, 2010.

Box 613 4WaterSound, FL 32461Tel: (850)231-5616Fax: (850)622-5618

fnr construction your plans for Lot 24 WatrSoLmd PhaSe IV Eligibitity is based upon sigled and sealed permit setsubmIttal with cover issue sheet dated 20 lavember 2006 and plans signed and sealed date of 13 November 2007.plans drawn by Harrison Design ano Assocites.

Receipt is hereby acknowledged of a corpIiance deposit check number ' for $5000 and a nonreFundable constructon management fee check number i / for $1000 00, both payable toWatarSound Beach Community Asociatii. Inc. The builder acknowledges receipt of a copy of the ContractorStandards and compharce with those standrds is assured.

This approval is a Function of the rnechanim for maintaining the overall aesthetics of WaterSound Beach. Approvaldoes not create any duty to any person. Tte Design Review Board, SI Joe or its affiliated companies shati not beaany responsibility far ensunng the structura integrity, soundness, adequacy, capacity and Safety features of approvedconstnicbon or modificaons. compliance vith buitdlng codes and other governmenta reuirernents, or for ensunngthat every shucture is of coniparanle quatifyivatue or size.

Please remerimer that final color and matinal. approval a mad, from field apptted samplea Please contact thisoffice when ready for sample review

STJOE

Chan,bet6tr,et BuIld.rsJohn Ctrott

I.i3IISoiii Sond tL 24I3 ()2't.7412 N5Ii.3l74iiI f

PLAINTIFF'SEXHIBIT

I

1-J

LETTER OF FINAL APPROVAL

January 7, 2008

The Chairman of the Desn Review BoarL is pleased to announce that the Design Review Board met and approd

Q7C/\ zozj

Chamber Street BulideriJohn CarrollPOBox 613524.WatsrSound, Fl. 32461 P1

Re: WilerSound Seich Phase IV, Lot 2> r

Owner: John Carroll-

Via: HAND DELIVERY

vii R 6

PkPlmi&SIitfl. ImapnulsIamasa Ls-of S d Pedati Mlstl I W Any lna ti thc Stat Fodeal W1mS from

ooanSm, stititi bC!PntIMth by Us Florida 0cçatiIt oCFatOtmeOtal Protec000

mrdRr 1 113. Aim, Caps of Eaflrns batit e CamLy iW lt a BoildS&Pttmit

(mEp s50-59543 Sal U& An'y Capc 850-763-1955)

ConerSi Pr.le at MaltS-flSIy Vt of 3 - an .ad ita a7 S.dt1. DevdapaS Oat fra Flasaist Dart with Appestat! SNsPita (267-1955)

2. PolSw Step. I -12 Aba.. Notc All comointial pr.*1s ,eçt 2 of buildhig plans

SdSck Ralthwa.st bu System tetrapeety Uae Floor- 20 ft. BSr 1St, SIrit 73 ft (aaptioo: 5 ft

.idm if psojiaty w plated at bat a aS bta l.a. 1975- rrn.eSetback M.qafleat ys Sysdare to aft. PfteMlaw Qoek -50 ft.. Wotlaids -25 ft. B. -SOft.. Rlv 50 ft.,

Caatl Lt - lOG ft C oepo Pot Sin#ePmsfly Dwellings-lAb OfRnCotdP&IT*D. 28,1992.

Thaw. ibai 200 ft. -25 ft. or 20 tofIotdepd, whici r.)

t LW Ct.dtt n* pay at taft wftb CASH CHECK orQidit Card. If the Daseowsar S p.srthWa

permit 'an Sdlvidnl. Use Soy net pay CASK, PERSONAL CHECK, or Credit Card. Ftnoatl Check. eat! C)dft flIds frau

C*WBIERR wIB aol be .ccei,ttd.

p...;. a40-07

w01 ____ -

t S.rny - L Bctodsy Survoy fins & Catifled Smnyr -. S ropted fir Icts I than at

B. If nim,st S ova 2 srS. r bavt To owapbi Survey v4th nonird .t o(.vaSzt

gr majnt of fit ed Sight of Stig. C. MS IMicSe Flood Zn 1). Mothc .ey will

S utqiuiied frnowS the ledSion of to gabffloa fra,jc te alit the 1 eat.

be tartS it Ia 1k 114 ept peW I. .cbedizllq Fratfllnp.cIla

7. DaTh Calffiaie (Thtd 144. OS) - mite requht 1- ?mpo.od S pamthnj. 2- Unda

&anlongflamSknaSLAzbudhftra1 9>C

n-np,or CCo

9. I

_______ on -8. FS hr O.eaTwS flely pwSaap as r .ea.c7 s.n, as San

NnEz- Ifootsnxtal Is tton 400 .qt andnS CosalTw9 Se orpin-lfoiWon S 400 sq.ft cwmottaidSnOtCot.'al- -Two Sea of Pt A Sq4 by Rod Arthikct & EasSa - If Utcaisnalon is losod ii the 4al Cnsdiai Zn bolt 3 of pitn nsa tousle UtW,lzon Conly WIOd LS SJtaiaL

hr S.bS,Ul.S sail R.aSed Fist. If sqiç&abIt

10. Appreval La frns the Astauedsr& Review C.ataSe ltIdig S a SSdI,t It.wqnkie sppnval S baSil.

II. - I

12- Fndad Appreni Sp.dacstWs SM.' - Youi - .oqSe spçtovsl insobas flea the Va.dorfSugçilaorhwi www JINWJ,&K$IQ ,w NS This tea W be Sped

It WSltSe - kay 1wFttied i.nIsRctionsI Wslsa& on the ptd mit.' be h,dk*ed onIS

DSSR7

*

WALTON COUNTY SUUJ*D*G DOAWIMENT cNKaISr FOR HVUDINCNCP13 WALTON 892-8160. SOUTH WALTON 261-24

ApphrtCat N ik j{ bErvç 3

I. Tn 1.0. Mn & PuS N$r-Csll Pa,çaty Axt as *923 123. y} (A-Øt I2. SapS taM ParS - WSSt San AnilabtttP I.e fIn UtIky Ca - IaMb DW

892-t21. 5 W.kml UWS 137-29a Rggk.S UdjIts: 231-3114. ln1Bth: 231-4498.

Frofl (3ty Hall: S3s-2.

En - K pThg s $et.g & oeolkc the beUdág . ccdfll mit, coSiC pOu

ISlyiflhal a Na bitt' Rn M.d Ut Sl.d.

lapr Pat R.Spt- Sodt Wulton an caR 267-1298, Sn & loNotIb Walmo Sit' flhI

Th2il De% L.thaty s Wowdle auCa) 892-7055, Fiteçofl Oty LâmIts 83s-2fl2

S. PIM Pin - A nled plot - cntt& n tho.'Sa aD ir4go.at both cJaSg adPnçtoc& mS -. prdio@ n ad d* rt.mt otmi bew.tstod Lola 1 "'

is. Pk,tPtnfrr In tnt cern eoeedatIboaSScecdAa]. tfacinmgrmiv.411

the to the bu4ldW. Wd the loada & tot mite P1st P1w ted how r ft.. S T'- lit tot

viii R 7

Qamba, Strent Builders, c. Tha lelter saves to kUow up on our daaassiaiir5aidiigmy

I

Pes dhective, nythra and I ajesxed this morning at the DRB Meetin& butwhui we Nrived we wuc to'd that Sandy Mmtessi had andy left and the DRB hadalready disaj.cd the jisuas tcprding my ch2ts. It have beei dce to t leasthave received * phene czII bere we made the U to d meeting, and I wouldppiccistc the a,wtery of sane in the fitmc.

This ns)mng zy cliaits and I we pwvidcd with a list of ia,ues to addreas onIwo houses in WaterColorwhjth they n xngb jiwmA1y address, but again my cliaitaend I e confused as to why they &c sicpaided 'm building in WaterColor. YOUindlcsed to me that they w suspisd bcoauae of issues on these two hou, but mycliesi have also boi edvizd that that was some sort of complaint filed by azxflherhomeowner wbid pnaiptrd ha sespesakai. The ap suspasion that has takerplace appears to predate the isèues the two houses which makes it evan more undrer.

it is confiithng to say tbe least, sad my clients are being seriously danaed by thisuncertin1y as they are reads' to start onnatniction in WaterColor on another luse.Fiixthatnoru, in justifiable reance upon being an approved builde1 in WaterColor forscvaaJ years, they have spes aignifiouni thne and pe mark for ouns1ntion

'7iii .

Dnie1 W. Uhlfdder, PAAznney ax Law

124 County R 30AGxiytun Beech. Florida 3245

Teleithone 850/534 -0246Facatmjlt 850/3#O985

Novrib 9,2007

YLA EMAll ANDREGULAR VS. MAILK BoVioc Pre.idait of OpitionsSt Joe Conpsny133 S. WatoundPazkwayWiound, FL 32413

R: Jolwic.n'oIL aad azinb Strew Builds, Inc

Aa )VU kix,w, this lijw finn baa the pIeaa of rqresnng John Caimil a

T) ix R 8

&icuzur1tg wlb±m 10 1*iain dy puzmiallt tn floiida Stnhxtes ScckH1 720.303(5),amd 1so pee xii me bave the xi*tt pan aintt me soon u poab1c

5ddres lhc issues in this 1te so my Ii ax1 I n plso &u,zdingly.

Sincusly,

cc: c1ia1R

2

work In WetColc. Notwithstanding the obvioi tatopcl d rdianer iue that lvebom created to my aliit* Wthnt ft sme to n that 000aidthn the cIrru2t state ofthe rial atc m&k, WuCoIor would want rooftops

Again, my oiazt c ready, willing and ibe to wxk antth1y with )Vu all to ttheec issuea resolved, bt4 thnc is of tI eaamou o thiz You advised today that wewould be getting some aot ofc ponde flni .11 to bcing some vlaiity to tbaissues, asit really is under wbymydlanta e being treated in this mssm.

In any cyan, my di c hthy ruueating that your th pcovlde and makeavailable for review the uIowiog docsangits whith they ss'c tuthUed to review purwtth Florida Statutes Seion 720303:

Any and .11 dimanta, c uespondenou communicatiom, cmnils, notes,sr*dIor pa regatdb 14d/or raliUng to Jci Carroll and/or Chinths Street Rul]&a,Inc.:

Any and id doormanta, ii ñcatioiis, o-maila, notcs,and/or s re,j.xsling and/or rrlathig to spçroval of con*mctorn/buildus withinWCdorg WatSot and

(3) Any and afl 6ocunnts, xrcspoedce thcalioll%, o-mai1a, nOt,and/or pap repiding *id/or relating to the disciplining. suapuiding. monitoring oirznoyal otc lracxWbvjdmi within WatColor and W.terSoimd.

Th.,L. , D1.. ,,.. I nfr.. ., frs fV

P,umi Danie4 W. UIWekIei- tmaIIto:dne14dwuaw.com1Sent Thursday, May01, 200fi 2:4 PMTo: Sandy Mattesori; MbsouteaoI.comCc: mary.rosenhelm©joe,comcubja& RE: Mary 3oule

Can you tell us the name of the vendor yo.t reference below please?

Also, who Is repeatedly asking you about l,e house and how are these communications being conveyed? Arethey clIlng you up or talking to you on5it? We would request that you produce all documents regarding suchcommunications as soon as possible, snd document any future communications so you can produce them inthe future.

I am kind of at a loss as to why you should be receiving repeated questions about the house and wh areasking all these questions. Maybe you ccJld give us some more information on who and why you are gettingthese repeated" questions so we could adequately respond, anti direct those inquiries to my client. Pleasesimply direct these repeated questions ti my client so he can adequately respond and help relieve you ofthose duties, as I err sure you have much more important things to do than engage in small talk about myclient houc.

I

Also, please refrain from engaging in any Conduct that could be constwed as Improperly interfering with myclients business.

Thank you very much.

----Original Message--From: Sandy Matxeson [malfto:[email protected]

Monday, 1.fovember 02, 2009 AOL: A Absolute

PLAINTIFF'S

Sub): RE: Mary Joul.Date: 512/2008 12:09:22 P.M. Centra Daylight TimeFrom: sn,[email protected]: [email protected], MDsoIq©aoI,comCC: [email protected]

As the company that oversee the man.ge$nt of the property and the overaçht of the Deagri RevIew, theowners have full rights to contact us at an' time..

I will gladly pass any wriften requests on k you if they come in however, it Is more likely they are questions thatare expressed in our defly confrct with th owners.

QuestonB on construction do not necesaaflly represent cricism about construction.... Many of ttquestionsstern from the tower being constructed wltl!out seeing the relationship to the rest of the house,.

Sandy MattesonVice PresidentCapital Consultants ManaemenI CorporationNorthwest florida Main Office133-H S. Waterscund P,yWafersound Beach, FL 32413Email: [email protected] ou.r website: www.ccmcnet.com

CONFtOENTlALTY NOTICE. 11th -miI mac, nch4g any aoachncnts. a fr the aolc use of the mended recipient(s) andmay conlain confidential and privileged infoimaiinrl. Any un uthorized review, use, diacinaure r diarthuiton is pmIibited. If you alenot the intendcii recipient. pIcs.c rentact the scnlcr by rcply e-mail and dcsoy all copies of the onginal rnessse.

Pa

rL

.,. C-,-',.- Dt

-T

D

x R 9

Capital Consultants Management CorporationNorthwest Florida Main Office133-H S. Watersound PkyWatersound Beach, FL 32413Email: [email protected] our wcbste: vvwccmnet.com

CONFIDENTIALITY NOTICE: This e-mail message, wciudln any auachnienls, i for the sole usi of the intended renpjet(s) and may cootaus confldential md pvleged infcmaton. Any unauthc,nzed review, use, discloswc or di ibutioo ispteinbiled. It you are aol the iatcndcd eciplcnt, please contarl thc scnder by reply e-mail and deitroy alt copies of the original'means;.

From: Mbso1utaol.com (mlto:&[email protected] Monday, Ap1l 28, 2008 524 PMTo: Sandy MattesonCc; mary.rosenhelmtjoe.corn; dandwulaw.comSubject: Manj Joule

Sandy,

MlP you please ask Mary Joule to stop siUng my jobs with her frands who are looking for workWII you please ask Mary Joule to refrain from talking to my customers about things that she thinks areinfeñor about the homes I build? Any builder, including me, can covertly make visits and observationsabout anothers woric behind soreone's back. I am begging you to do something about this.

If you, Mary or anyone else wants to review my woric and talk to my clients I am i sisbrtg that I benotified prior to Such. I know Mflry is actively pursuing this course of action and the continuity such

Monday,lNovember 02, 2009 AOL: A Absolute

Page 2 o13

Sent Thursday, May 01, 2008 1j1:57 AMTo: AAbsoIuteaol.comCc [email protected]; [email protected] RE: Mary ]oule

Included in the position of any compliance officer is the daily inspection of homes throughout theWaterColor and WaterSound Cmunities. If you are asking if Mary has been charged to observehomes within the cornniunity uner consU-uction every day, the answer would be yea.

had spoken to Mary and had ked her if she had taken anyone to the house, and she told me it wasonly a vendor who was performing the work that had not been done as part of the punch list..As I see there is a new email today, you are attempting to complete the list instead..

For wtiatever reason, the home ou are constructing at Yachyt Pond Lane lot 26 is one of the mosttalked about housas at Wat.cSound Beach.beIieie, it is based on the way the construction of the tower has proceeded the home. I personally

have been asked repeated If the tower exceeds the height, and how the tower is being constructed.My answer is always the same, the DRB is charged with the esthetics, design and compatibility of thehome In the communIty. Howevr things such as height ere an issue in the community and Will bereviewed. I believe Mary wit resPond in the same form, however will seek this information from her. Astile construction of this house is omewhat different, I would suspect we would keep a close eye on it toensure to Is compatible on all a9pects of the design guidelines..

Please leL me know If you have ny concerns and we can address them on a case by case basis..

Sandy MattesonVice Prc3ident

MondayjNovember 02, 2009 AOL: A Absolute

Page 3 of 3

has no Iegitirnte purpose.

Thanks, John Carrot

Need a n ride? Check out the rgest sita for U.S. used car listings at AOL Autos.

MondayJ November 02,2009 AOL: A Absolute

PLANTIFSEXHIBfT

'F

(Y7(4Zoi1Subj: Lol 24 Wit.rSoind B,.ch ..pon.. to litter from I Regan cIuted 3/12/09Data: 3/25/2009To: [email protected]: afambrccrnq.com, jjlucPeseiembarqmaiLcom

Tracy,

received your letter of March 12, 20(19 reerdin9 the construction timeline on Lot 24 WaterSound BeachPhase IV. I wish to respond in wilting a you requested. In order to prepare a proper response I will need toexrnine the HOA record, of the many conutruction projects that have come under this purported DesignGuidelines provision. I wilt ask to review the 140As or IDRB's tanduffl form letter of Notice tO thehomeowner your office has sent in the Pift. I will ask to review the response of each by the homeowner.

I can come to your office for the revIe$, so there is no financial burden on our HOA and will promptly issuethe written response. tm nvoking my rMuest by the authority granted to me under Florida Statutes 720.303 (4)and 720303(5) and any other legal authority.

Thanlcs, .Jon Carroll

Pag

tn-ç E

xi R 10

Capztal Consultants Management Corporation

Northwest Florida Main Office

1394 Co. Hwy 283 South. Bldg 7


Phone 850.231.103.5

Far 850.231.4526

Email: lregwl@ccmLnel. Con?

Visit our webste. II'I iv. ç. PflCp?CI. corn

Morday. November 02, 2009 AOL: A Absolute

CONFJDFJ.TlA i/fl' NOTiCE: This g-mi/ ,,esmge, Encludi'g attqch,,,enit. uJor th ,ole uie ôfzIw inie,,ded rc'jenIf) and moyr.ontaia onfi4rntiai and p.ivikgtd infonnanon. 4, wtQNghor,.rd ,-eww, d13c10:u,e o d bt.oa i.prohiLnsed fyou arr not ih.inrnded rec,inz, p/,a.i contacr 1/i, p tepty e-mail and iesiroy a/I cie. of the orgrnal mesoge

Subi. Your request for Information on build timeDate: 10/29/2009 11:52:03 A.M. CntraI Dayght TimeFrom: A AbsoluteTo: trean@ccmcnet cornCC: afambriccmcnet.com, ucseembarqmail.com

Tracy,

On March 12, 2009 the DRB Bent me a notification that Lol 24 was moving up on 16 moiflha construction andthat there was a potential fine. I repond$d on March 25, 2009 that would prepare the statement you asked (or,but that I would require some documents from the DR in order to prepare a proper reapoc-ise.

Thu is what our communication looked: like to refresh our memories:

Th1 VI/) be flne. I will see you Tuesday I .00.

Thank you.

Tracy Regan


C9dA2O2/

xii R 11

The Motion for Injunction filed by Plaintiff John P. Carroll against Defendants

Watersound Beach Community Association, Inc. and Sandra Matteson, having come before

this Honorable Court, and this Court, having heard the arguments from Plaintiff John P.

Carroll and counsel for Defendants Watersound Beach Community Association, Inc. and

Sandra Matteson, hereby finds that said motion is due to be and is hereby DENTED.

HONORABLE JUDGE La PORTECircuit Court Judge

iN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUITIN AND FOR WALTON COUNTY, FLORIDA

CIVIL DIVISION

JOHN P. CARROLL,

Pairitiff,

v. Case No. 2009 CA 002021

WATERSOUND BEACH COMMUNITY ASSOCIATION, INC.,Florida CorporationDAVID LILIENTHAL, individuallyand as I)ireetor,MARY JOULE,SANDRA MA'ITESON,RONALD VOELKER,JO! IN DOE, JANE DOE, and OTHER UNKNOWNCONSPIRATORS

Defendants,

/

ORDER

xiii R 12

U ProBox 613524WaterSoun, FL 32461850-231- [email protected]

I HEREBY CERTIFY that a true and correct copy of the foregoing has beenfurnished to Christopher L. George, Esq., P0 Box 1034, Mobile, AL 36633 and toMark D. Davis, Esq., 694 Baldwin Ave. Suite 1, P0 Box 705, DeFuniak Springs, FL32435, and to Gary Shipman, Esq., 1414 County Highway 283 South, Suite B, SantaRosa Beach, FL 32459 Attorneys for Appellees, by certified mail this 7th day ofFebruary, 2010.

1NSTR #1107777OR BK 2835 PaQeB 1462. 146DRECORDED 0210810 l2E:04MARTKA IN4GLE WALTON COUNTYCLERK OF COURTDEPUTY CLERK S SUJERA

v EDIN THE CIRCUITJUDICIAL CIRCUIT, IN AJRCtWALTON COUNTY, FLORIDACase No. 2009 CA 002021 - B A

JOHN P. CARROLL )Plaintiff/Appellant, )

v. ) NOTICE OF APPEAL)

WATERSOUND BEACH COMMUNITY )ASSOCIATION, INC., WATERCOLOR )COMMUNITY ASSOCIATION, INC., SANDRA )MATTESON, DAVID LILIENTHAL, MARY )JOULE, RONALD VOELKER, JOHN DOE, JANE)DOE nd OTHER UNKNOWN CONSPIRATORS)


NOTiCE IS GIVEN that John P. Carroll, PlaintifllAppellant, appeals to the FirstDistrict Court ocAppeal of the State of Florida, the order of this court rendered January11, 2010. The nature of the order is a final order denying a petition for injunctionseeking to enjoin Defendants from withhoIdin public records.

xiv R 13

appellants initial brief seeking injunction

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