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APOLLON
METAXIDES ET AL. VS. SILVER POINT LTD. 2006
The
instigator of all the recent legal action at Silver Point is this
lawsuit, brought by Apollon Metaxides on behalf of himself and five
other unit owners, against Silver Point. The lawsuit asked the
court to make 8 declarations including:
a) The proper method of disbursing the funds from the
insurance settlement following the hurricanes of 2004-2005 to
the unit owners
b) That the BOD must draw up a scheme for reconstruction of the
building and have it approved at a general meeting.
c) That the BOD must give 45 days notice of an EGM and must
enforce the byelaws.
d) That the BOD must make receipts and expenditures from the
disbursement available to unit owners for inspection and that
they have failed to do so.
e) Whether or not doors and windows are common
property and which windows or doors were not installed in the
manner directed by Page 15 of the rules & regulations.
f) The method by which doors and windows can be altered
for protection against hurricanes and water leakage.
g) That the BOD must maintain A/C units and remove them from
the stairwells.
Originating Summons - January 11, 2006
This is the originating document stating the relief mentioned
above, plus that Metaxides was seeking to have his costs paid by
Silver Point. Mr. Metaxides' attorney is Edwin Knowles, a
fellow unit owner, who in 2004-2005 was retained by Silver Point during
the time his wife and Mr. Metaxides were on the Board of Directors
and during the time that the first insurance distribution was
received by Silver Point. Mrs. Knowles and Mr. Metaxides left
the BOD at about the same time that the services from Mr. Knowles
were discontinued. Mr. Knowles represents Metaxides in
suing Silver Point about the very same matters about which he was
advising Silver Point about as their attorney just a few months
earlier.
Injunctive Order - January 14, 2006
This court order was sought by Mr. Metaxides to prevent the
owners present at the 2006 AGM from authorizing by resolution
installation of any windows that had not been certified by an
engineer to comply with the GBPA Building Code, or from managing
insurance money received after the hurricanes in a way inconsistent
with the Condominium Act. Costs were reserved, meaning the
winner of the litigation will receive costs from the other party.
However, the BOD relinquished rights to these funds when they signed
the Consent Order.
Transcript of the First Hearing - January 23, 2007
The court states that the case is not ready for trial, and refers it
to the dispute resolution conference to try to work out the issues.
Mr. Knowles appears for Apollon Metaxides and Robert Adams appears
for Silver Point. This follows a note sent to counsel on
December 4, 2006, indicating that it was recommending to do so.
AGM - January 20, 2007
A committee is assigned to represent the owners at the Dispute
Resolution Conference, and empowering them to negotiate a
settlement. The committee consists of two current directors
(Larry Biswanger and Graham Groves) and two newly elected directors
(Brian Cromwell and Peter Kaklamanakis).
Robert Adams to Apollon Metaxides - April 4, 2007
Mr. Adams refers to a letter received from Mr. Metaxides, and states
that the two sides are so far apart that they should skip the
Dispute Resolution Conference and go before a judge for a Case
Management Conference.
Brian Cromwell to Apollon Metaxides - October 15, 2008
Mr. Cromwell informs Mr. Metaxides that his terms of settlement
are not accepted by the Board, and in fact impossible to meet.
He informs Mr. Metaxides that there is only one way to settle this,
and that is to continue to trial. Despite this, the proposed
terms of settlement are almost exactly the same as those later
contained in the
Consent Order, signed in June 2009.
There has been no evidence provided to the court as to what
happened during the 8 months between refusal of the terms by the BOD
and agreement to nearly the same terms in the Consent Order.
There was no correspondence with the owners until after the Consent
Order had been signed. There is no evidence of any
consultation with the Dispute Resolution Committee or Silver Point's
attorney, Robert Adams during this time.
Continue to see the Consent Order
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