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Should the Shores' Community Pool be open to all homeowners?

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9:24 AM, Posted by Editorial Staff, No Comment

Contributing Writer
May 17, 2009

Imagine if you will, that you are the victim of harassment. Now imagine that the very person harassing you causes your job relocation, in an attempt to “avoid” the harassment from continuing. Imagine again that this person follows you to the new location and offers a repeat performance. What would you do? Everyone hopes this never happens to him or her or to anyone that they know. How would you feel about contributing to the harasser’s legal fees along with each and every other person in your community? Would you pay for an attorney to defend the very person harassing you!

This very situation is real and the harassment is happening to a homeowner in the Shores by the very person charged with managing our community. Not only has our community manager, Joseph H Smith, III caused this quiet, friendly woman and her family emotional distress, and financial burden, but he has also caused a myriad of additional problems. This is all possible because this individual believes in fear and intimidation to get everything that he wants, and is supported, with the help, of our very own board of directors!

Mr. Smith is also "under investigation" for additional violations, discrepancies and other acts, while employed as the general manager of our quiet community. The Florida Department of Business and Professional Regulations (DBPR) will determine the innocence or guilt of this person. If we can’t trust Mr. Smith with our community’s management, do you want him affecting your own personal health and safety?

Click Here to view the status of Mr. Smith's license.

Aside from the DBPR investigation, Mr. Smith has recently received documentation from a major grocery chain’s Legal Team, the business in which the stated victim works, demanding that both he and his wife refrain from shopping at the victims work location, in addition to other demands. Documentation was also sent to the Shores’ attorney, Mr. Russ Klemm, the attorney whom attended the Annual Meeting. This attorney’s hourly rate, as stated by him at the meeting, is $225.00 per hour.

Why does this matter to you? Guess who is paying this legal bill, and others pending, which could very well add up to Special Assessments OVER $3,000.00 PER HOMEOWNER!


I don’t know about all of you, but I cannot afford this additional personal expense!! Why is the Shores Service Corporation allowing an employee use of the corporate attorney on OUR DOLLARS?

This employee, Mr. Smith, perpetrated these actions against the victim on his OWN TIME, not on company time, and was allegedly, according to the store attorney, (along with videotape surveillance, victim’s statement, numerous employees and store management) with his wife at the time of the crimes. Would you expect YOUR boss to ante up lawyer fees to defend you for a crime committed outside of your scope of business and after work hours? I wouldn’t think so. So why are WE paying for Mr. Smith’s legal bills and bad behavior?

Why am I writing this? Because I made you all a promise, while campaigning for a seat on the Service Corporation Board of Directors, that I would watch out for our community and the people who live within it. This unilateral decision by our Service Corporation President, Mr. Jerry Zinn, to provide what is essentially FREE legal counsel to Mr. Smith, is not only egregious, but also despicable and irresponsible.

I urge you all to contact Mr. Zinn and let him know that YOU WILL NOT PAY for this!

I would also urge you to make the time to attend the next Service Corp Board of Director’s Meeting, The date is Thursday, June 11, 2009, 7:00pm at the Riverview Club.


Please don’t allow this to become an added burden to our tight operating budget. This and other decisions that are being made WILL COST US ALL MORE MONEY unless we speak up…it’s a reality and it’s inevitable. I cannot afford it…can you?

For more information on this topic and others of concern to homeowners, please visit or send an E-Mail to:

You have to explain to Mr. Zinn that it is not his decision to make. He is just an officer with a title -- with no decision-making power whatsoever. He is not a CEO! This has to be decided in a public board meeting with a vote of the board. Let's see who is willing to vote publicly in favor of wasting members' money on the defense of a person who obviously overstepped every boundary of our society!

-Jan Bergemann-
President, CCFJ, Inc.

CCFJ is Florida's largest State-Wide property owners advocacy organization. Visit them online at
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