Alina E. Altaminaro aka Alina E. Perez	Yudanis Muniz aka Yudanis Hernandez

Table of Contents

1. Background [#background]
2. Legal Background - Conflicts of Interest - Part 1 [#legal1]
   
3. Legal Background - Recall Procedures - Part 2 [#legal2]
   
4. Legal Background - SLAPP - Part 3 [#legal3]
   
5. The Timeline [#thetimeline]
   
6. The Basis [#thebasis]
   
7. Analysis of Filing of Recall Petition [#recallpetition]
8. Conclusion [#conclusion]
9. Exhibits [#exhibits]

Conclusion

Alina Altamirano's professional conduct and ethics are in question with her constant violations of the law and unethical behavior. Alina Altamirano has:

• Knowingly and intentionally failed to disclose Conflict of Interest per F.S. 718.3027 and F.S. 468.4335
• Knowingly and intentionally threatened civil action and injunction against Public Participation against individual #1
• Knowingly and intentionally threatened civil action and injunction against Public Participation against individual #2
• Knowingly and intentionally threatened civil action and injunction against Public Participation against individual #3
• Knowingly and intentionally threatened civil action and injunction against Public Participation against individual #4
• Lied when filing the Recall Petition stating they have tried talking to the Unit Owners Representative, when she has ignored all the communication and attempts to resolve the matter.
• Filed the Recall Petition 14 days late knowing it should have been effective for failing to file within 5 business days due to conflict of interest.
• Has made no effort in resolving the matter, instead has been lying about everything even in administrative court.
• Failed to follow the law and abusing her law license to maliciously trick/deceive other to accomplish her agenda on her conflict of interest with Yudanis Muniz.
• Not followed the law many times in a short period of time as her actions are intentional to cause harm.
• Illegally removed a standing Board of Directors from Sunbiz to illegally take possession of the Association after ignoring all communication related to it.
• The financial interest exceeds half a million dollars, with over $555,248.48 known dollar amount.
• Has defrauded all 172 unit owners of their right to vote in the Recall Election under 718.112
• Has and continues to cause mass public harm which is irreparable. 

 Background

Yudanis Muniz is the Owner of Options Insurance Solutions [Exhibit #1] & The Firm Property Management Group [Exhibit #2] which hold 2 major contracts with the Association. Options Insurance Solutions is the insurance policy agent that holds multiple policies [Exhibit #3, Exhibit #4] worth $497,648.44 annually [Exhibit #4-1, Exhibit #4-2, Exhibit #4-3]. The Firm Property Management Group is the second contract worth $57,600 annually. Combined, Yudanis Muniz has a minimum stake in the Association worth over $555,248.44 annually. [Exhibit #5] Of which includes, Legal Defense, Workers Compensation insurance and Director Crime insurance. [Exhibit #4-4]. The Association has no employees directly employed under it.

Yudanis Muniz communicates to the Association through the email of This email address is being protected from spambots. You need JavaScript enabled to view it. [Exhibit #5-1]

The Association hired Alina E. Altamirano also known as Alina E. Perez, a long time friend and personal attorney of Yudanis Muniz, to fight the Recall Petition using ALL means possible. Mrs. Altamirano, has represented Yudanis Muniz in various personal known cases. 

• First Case: 
  Name change from Yudanis Hernandez to Yudaniz Muniz in Sept 2020 - Sept 2022. [Exhibit #6]
• Second Case:
  Warranty Deed to Revocable Trust in Oct 2022 [Exhibit #7]
• Third Case: 
  Roofing lawsuit against Yudanis Muniz. Active Case: April 2023 - Current  [Exhibit #8]

Notice, these are all recent cases since Alina Altamirano acquired her law license on April of 2020 [Exhibit #9]. Without a doubt, they have a close relationship, most likely starting before she became a licensed attorney. 

Legal Background - Conflicts of Interest - Part 1

On July 1, 2024, House Bill 1021 for Community Associations became effective [Exhibit #10]. The focus in this section are the new laws on Conflicts of Interest. The Conflicts of Interest must be disclosed to the unit owners/members of the Association. Any meeting after July 1, 2024 required for the Association to disclose any existing and new Conflicts of Interest. 

At the next regular or special meeting of the members, the existence of the conflict of interest and the contract or other transaction must be disclosed to the members.

The proposed activity that may be a conflict of interest must be listed on, and all contracts and transactional documents related to the proposed activity must be attached to, the board's meeting agenda to consider the proposal and entered into as an attachment to the meeting minutes.

The board must approve the contracts with a potential conflict of interest, and all management contracts, by an affirmative vote of two-thirds of all directors present.

[Exhibit #11]

The Association held a meeting on August 7, 2024 and unlawfully failed to disclose these Conflicts of Interest to the members [Exhibit #12]. To make matters worse, the Association hired Alina E. Altamirano with a known Conflicts of Interest with Yudanis Muniz. Again, they unlawfully failed to disclose this Conflicts of Interest to the members. Alina E. Altamirano knowingly and intentionally did not advise the Association to disclose the Conflicts of Interest to the membership due to the personal financial gains tied with representing the Association and her friend Yudanis Muniz. 

It is unknown when exactly Mrs. Altamirano started working for the Association but she her first appearance was on August 16, 2024 where she sends Yudanis Muniz a courtesy copy of the email as well. Most likely she was advising her client Yudanis Munis and influencing the decisions of the Association for quite some time.

Legal Background - Recall Procedures - Part 2

A recall of the Board of Directors can be done with or without cause. The driving factor of the Recall Petition was since the Board of Directors did not hold the Annual Elections in November 2023. Due to the fact that they took away the owner's right to vote, the owners decided to do a recall. Once again, the Board of Directors have taken away the owner's right to vote by fraudulently and frivolously rejecting a valid Recall Petition with the majority of votes. 

For a recall to be successful, the Board of Directors must be served the ballots. Then the Board of Directors must have 5 full business days to have a meeting and either reject or certify the Recall Petition. If rejected, the Board of Directors must file the Recall Petition for Recall Arbitration within 5 business days. 

Legal Background - SLAPP - Part 3

What is SLAPP (Strategic Lawsuits Against Public Participation)?

House Bill 1021 revised SLAPP and Defamation Suits of Condominium Law. SLAPP lawsuits are designed to silence participation and the rights of owners. A SLAPP lawsuit would be a defense to the extent there is an allegation of retaliatory conduct by a Board against an owner that is exercising their right to complain, request redress, criticize or make statements regarding the operation or decisions by the Board or the Association.

Retaliating against unit owners, by imposing fine, discriminatorily increasing assessments, decreasing services, or threatening to bring an action for possession or other civil action, including defamation, libel, slander, or tortious interference, based on protected conduct by the unit owner.

[Exhibit #13]

Alina Altamirano has threatened to bring a civil action against all members that were in the Recall Petition. Alina Altamirano is recklessly violating the law silencing any public statements on the recall. Threatening to bring civil action against the members that rightfully won the Recall. [Exhibit #14]

Alina Atamirano sent the same threats to bring civil action against all who were part of the recall, referring to them as a "group of unit owners" which are violating the peace of the Association for running for a position that is part of democracy. [Exhibit #14-1]

The Firm Property Management Group manufacturing violations in response to the recall. Selectively, making it public with the intention to cause defamation and libel. In particular targeting the Unit Owners Representative [Exhibit #15]

This is a civil conspiracy between Alina Altamirano and Yudanis Muniz to stay in control of the Association due to Conflicts of Interest and to commit fraud.

• On Sept 5, 2024 at 6:47 PM, One of the replacement Board of Directors who received this SLAPP threat responded to Alina Altamirano. [Exhibit #14-2]
  • No response from Alina Altamirano
• On Sept 6, 2024 at 11:48 AM, Another replacement Board of Directors who received this SLAPP threat responded to Alina Altamirano. [Exhibit #14-3]
  • No response from Alina Altamirano

Alina Altamirano's threat to Public Participation were solely to destroy any opposition that would financially jeopardize her friend and client Yudanis Muniz. An abuse and misuse of her law license.

The Timeline

1. The Board of Directors were served with the Recall Petition on July 31, 2024 [Exhibit #16]
2. The Board of Directors held a meeting and rejected the recall on August 5, 2024 [Exhibit #12]
3. The Association failed to file for recall arbitration August 14, 2024.
4. Due to the failure to file for recall Arbitration, the recall was made effective by Administrative Code 61B-50.105 on August 15, 2024.

Florida Administrative Codes Rule: 61B-50.105 clearly states the following for Recall Arbitration:

The failure of an association to timely file a petition for recall arbitration within the time limits imposed under these rules or Chapters 718, 719 and 723, F.S., will result in the certification of the recall and the immediate removal of the board members subject to recall.

The board’s claims of excusable neglect or the inability to identify defects in the recall effort within the time provided, or other unremarkable excuses will not be considered as proper defenses. 

Only the board of an association may file a petition for recall arbitration.

[Exhibit #17]

The Basis

On August 15, 2024, the Association failed to file a petition for recall arbitration, resulting in the certification and immediate removal of the board members as prescribed by Florida Administrative Codes Rule: 61B-50.105. The Unit Owners Representative did his due diligence and ensure a petition for recall arbitration was not filed in Tallahassee. This Representative reached out to:

• On August 15, 2024, reached out to the registered agent at the time KAYE BENDER REMBAUM.
  • They responded that they were not aware of any filing of a petition for recall arbitration. 
• On August 15, 2024 at 9:25 AM, reached out to Yudanis Muniz from The Firm Property Management Group. [Exhibit #18]
  
  • On August 15, 2024 at 9:25, there was an automated response that they will respond within 24 hours. [Exhibit #19]
  • No response from Yudanis Muniz or her employees.
• On August 15, 2024 at 4:57 PM, the management sent out a letter for the Annual Meeting and Board Elections. [Exhibit #20]
  
  • That was their response to the recall inquiries. Holding elections on October 16, 2024, when according to the bylaws the elections must be held on the first Tuesday of November. November 5, 2024. 
  • They intentionally chose October 16, 2024 against the bylaws, to apply the "no recall petition can be filed within 60 days before or after elections".
  • The 60 day window would make the last day for anybody to file a petition for Recall Arbitration on August 17, 2024. 
• On August 15, 5:59 PM, the representative reached out so that the Yudanis Muniz can set up the zoom meeting for the Organizational Meeting. [Exhibit #21]
  • On August 15, 2024 at 9:25, there was an automated response that they will respond within 24 hours. [Exhibit #22]
  • No response from Yudanis Muniz or her employees.
• On August 15, 2024 at 6:39 PM, the representative reached out so that the Yudanis Muniz so she can post the Organizational Meeting Notice. [Exhibit #23]
  
  • No response from Yudanis Muniz or her employees.

Since no timely response was given by the management company and the registered agent was not aware of any filing of the recall arbitration, the representative safely made the assumption that a petition for Recall Arbitration was not filed. 

Since the Yudanis from The Firm Property Management Group were not cooperating with the new Board of Directors, the notice of the meeting was posted by volunteering members in the Association on August 16, 2024.

• On August 16, 2024 at 5:14 PM, After the meeting notice was posted, Alina Altamirano made her first appearance threatening legal action against the replacement Board of Directors that posted the meeting notice. [Exhibit #24]
  
  • She copied Yudanis Muniz and the Firm Property Management Group in the email
• On August 16, 2024 at 5:18 PM, Alina Altamirano again threatening legal action against the replacement Board of Directors that posted the meeting notice. [Exhibit #25]
  
  • She copied Yudanis Muniz and the Firm Property Management Group in the email
• On August 16, 2024 at 5:20 PM, 2 minutes later the representative responded asking for the copy of the meeting minutes and date of filing of the recall petition. [Exhibit #26]
  
  • No response was received from Alina Altaminaro
• On August 16, 2024 at 6:06 PM, A follow up email was sent, urging a response as this was a time sensitive issue that needed to be addressed immediately. [Exhibit #27]
  • No response was received from Alina Altaminaro
• On August 16, 2024 at 7:47 PM, A follow up email was sent, stating that it was suspected her representation was fraudulent by her failure to respond, and urged a response. [Exhibit #28]
  • No response was received from Alina Altaminaro
• On August 16, 2024 at 9:53 PM, the representative assumed the email may have been fraud, threatened to report Alina Altamirano to the Florida Bar as suspected fraud. [Exhibit #29]
• On August 16, 2024 at 10:04 PM, Alina Altamirano responded stating I have reached her outside of business hours and she will respond on Monday during business hours. [Exhibit #30]
• On August 16, 2024 at 10:05 PM, the representative simultaneously assumed the email may have been fraud, threatened to report Alina Altamirano to the Florida Bar my midnight. [Exhibit #31]
• On August 16, 2024 at 10:14 PM, the representative stated the reason for the suspicion of fraud. Again, requested the copy of the timely filed petition for recall arbitration and the meeting minutes. [Exhibit #32]
  • No response was received from Alina Altaminaro
• On August 19, 2024 at 10:43 AM, the representative sent a follow up email as Mrs. Altamirano failed to respond as she promised to respond previously during business hours. [Exhibit #33]
• On August 19, 2024 at 11:11 AM, Alina Altamirano responded stating I need to request those documents through the appropriate channels by Official Records Requests. Even though Altamirano is the one that started the legal matter, she used this tactic to evade the proper response and Florida Law. [Exhibit #34]
• On August 19, 2024 at 12:12 PM, the representative gave Notice to Alina Altamirano that since the recall was not filed in a timely manner, then the recall is effective immediately on 8/15/2024. Also, stating that since she failed to provide the documents requested her claims are invalid. [Exhibit #35]
  
  • No response was received from Alina Altaminaro
• On August 19, 2024 at 5:25 PM, the recalled President Alejandra Estevez, under the legal advice of Alina Altamirano sent a memo using the website ran by Yudanis Munis and her employees to discredit the recall.  [Exhibit #36]
  
  • They stated excuses on why they failed to follow the law and did not file a petition for recall arbitration.
• On August 19, 2024 at 5:50 PM, the representative reached out to Alina Altamirano, asking if this memo was sent under her legal advice. [Exhibit #37]
  
  • No response was received from Alina Altaminaro
• On August 19, 2024, at 6:01 PM, the representative reached out to Aline Altamirano, stating the recall was effective. [Exhibit #38]
  
  • Altamirano was advised that the recalled Board of Directors had a choice on whether to file the petition for recall arbitration or not.
  • Since they chose not to file it, it was synonymous to the recalled Board of Directors accepting the recall petition as valid.
  • Additionally, Alina Altamirano was advised that out of all the rejected ballots, most of them were in fact rejected improperly.
  • No response was received from Alina Altaminaro

On August 19, 2024, the scheduled Organizational Meeting was held and executed, establishing positions of the replacement Board of Directors. 

The new President of the Association, unit owner representative, reached out to the Yudanis Muniz and her management firm multiple times to inquire about the operations of the Association:

• On August 20, 2024, at 9:35 AM [Exhibit #39]
  
  • No response from Yudanis Muniz or her employees.
• On August 22, 2024 at 7:55 AM [Exhibit #40]
  
  • No response from Yudanis Muniz or her employees.
• On August 23, 2024 at 7:57 AM [Exhibit #41]
  
  • No response from Yudanis Muniz or her employees.

After there were no response from Yudanis and the Firm Property Management Group. The new President of the Association, unit owner representative, reached out Alina Altamirano, requesting a copy of her retainer.

• On August 23, 2024 at 8:02 AM, unit owner representative asked Altamirano to provide a copy of her retainer. [Exhibit #42]
• On August 23, 2024 at 2:26 PM, Altamirano responded stating she cannot speak to me as supposedly paid an attorney $20,000 for a retainer to represent me. Then she goes about to reference the Rules of Professional Conduct of the Florida Bar. [Exhibit #43]
  
  • This was a blatant lie, as the letter stated the unit owner representative has intentions of hiring an attorney if the matter was to go to arbitration.
  • Altamirano continuously tries to skew the truth intentionally and unethically to find ways to prevent herself from being accountable.
  • In this letter, she threatened to file a civil action against all that were named in the recall. [Exhibit #14]
  • Altamirano attempted to intimidate and threaten all of the named members in the recall so that she can protect the interest of her friend Yudanis Muniz.
  • This is illegal under the SLAPP suit statutes of Florida.

Unlawful Possession of the Association

• On August 16, 2024, There was confirmation from attorney with over 23 years of experience advising if the Association failed to timely file the petition for recall arbitration, then the recall is deemed certified. [Exhibit #44]
• On August 27, 2024, The replacement Board of Directors were legally placed in Tallahassee through Sunbiz. [Exhibit #45]
  • It is important to note Alina Altamirano's lack of response on the recall being effective immediately per Florida Administrative Codes.
• On August 28, 2024, Alina Altamirano took illegal possession of the Association by removing the legally elected Board of Directors and replacing them with the recalled Board of Directors. [Exhibit #46]
  
  • Alina Altamirano took it a step further and threatened the new Attorney that she filed a report with the Attorney General and the Division of Corporations. [Exhibit #47]
  • Alina Altimirano stated the action was a false and fraudulent report
  • Alina Altimirano has not responded on the fact that the recall is effective immediately for the Association's failure to follow the law and file for recall arbitration.
• On August 28, 2024 Alina Altamirano submitted the recall petition for Arbitration, unlawfully 14 days late, as the deadline to file was August 14, 2024. [Exhibit #48] 
• On August 28, 2024 at 4:59 PM, Alina Altamirano finally responded with confirmation that she submitted the petition for recall arbitration. [Exhibit #49]
• On September 1, 2024 at 3:43 AM, the unit owner representative responded to her baseless and illegal claims. [Exhibit #50]
  
  • No response was received from Alina Altaminaro
• On September 3, 2024 at 10:06 AM, the unit owner representative asked her why she is not following the law, on behalf of the 172 owners that signed the recall. [Exhibit #51]
  • No response was received from Alina Altaminaro
• On September 4, 2024 at 9:11 AM, the unit owner representative asked her why she is not following the law, on behalf of the 172 owners that signed the recall. [Exhibit #52]
  • Alina Responded with her usual response of diverging the dialogue and creating confusion. [Exhibit #53]
• On September 4, 2024 at 9:45 AM, the unit owner representative asked her why she is not following the law, on behalf of the 172 owners that signed the recall. [Exhibit #54]
  • No response was received from Alina Altaminaro
• On September 5, 2024 at 8:12 AM, the unit owner representative asked her why she is not following the law, on behalf of the 172 owners that signed the recall. [Exhibit #55]
  • No response was received from Alina Altaminaro
• Alina Altamirano is forcibly ignoring the democratic vote of the majority of the members in the Association by misusing and abusing her law license to illegally take over the Association in conjunction with Yudanis Muniz.

Analysis of Filing of Recall Petition

• Alina Altamirano advised Yudanis Muniz to do the elections after they failed to file for Recall Arbitration. 
• Alina Altamirano advised that if they do elections against the bylaws on October 16, 2024 instead of November 5, 2024 then they have a chance to allow the recall to fail by bringing up the 60 days statute for filing a petition for recall arbitration.
• Alina Atlamirano advised Yudanis Muniz and the recalled Board of Directors to not file for Recall Arbitration, but instead let time pass so it gets closer to the early elections. 
• Alina Atlamirano filed for recall arbitration 14 days late, multiple times reinforcing the fact that it is 60 days within the elections. However this was manufactured by Alina Altamirano and Yudanis Muniz as the elections were pushed early to avoid the recall.
• On page 1 of the Recall Arbitration Alina Altamirano deceives the Administrative Court stating this petition is submitted in accordance with Rules of procedure found in Chapter 61B-50, Florida Administrative Code. [Exhibit #49]
  • It has been proven by her behavior and malicious intents of ignoring emails and failing to acknowledge the recall is effective if the Association fails to file for recall arbitration withing 5 business days. 
• Alina Atlamirano claims the recall is not facially valid due to the fact that they improperly rejected enough votes to make it fall under the majority of votes. [Exhibit #48]
  
  • Alina is using the wrong definition of "Facially" valid, which is not in accordance to the Chapter 61B-50, Florida Administrative Code or any historic cases. It is well established the definition of facially valid is that it looks similar to the DBPR's sample ballot.
  • The words "Facially valid" were not mentioned in the actual meeting, but were falsified by Yudanis Muniz in the meeting minutes. [Exhibit #12]
• Alina Altamirano's intrepretation of the law does not make sense and it is intentional to evade the law. [Exhibit #49-4]
• Alina Altamirano claims that "Petitioner has made efforts, by way of email and written correspondence, to inform Mr. Lopez that the recall was not valid, and the same board remains in place" [Exhibit #49-4]
  
  • This is a blatant lie by Alina Altamirano, email communication proves that Alina does not respond to the Unit Owner Representative.
• Alina Altamirano's request for relief are unjust, and due to her conflict of interest with Yudanis Muniz, she is attempting to punish the ones replacement Board of Directors that won the recall. [Exhibit #49-5]
• Alina Altamirano blatantly obscured the law and lied multiple times in this administrative court document with no respect to the Law.

 Exhibits

Alina Altamirano - Exhibits