September 2015 Edition 2 - page 1

ASSOCIATION OF POINCIANA VILLAGES
September 2015 Edition 2
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School News
School Safety
Sheriff Judd
Judge Rules in Favor of APV Board
A
s you may be aware, a series of events over the past few weeks
spearheaded by Peter Jolly-Newille, Victor Destremps and John Perez
have caused negative publicity that has diminished the value of the Association
of Poinciana Villages (APV). The disruption they caused compelled the APV
Board to seek a legal opinion from the Polk County Circuit Court. A resolution
was reached on Monday, August 31, when Judge Andrea
Teves Smith ruled in favor of the APV Board of Directors,
granting a temporary injunction to prevent Mr. Jolly-
Newille, Mr. Destremps and Mr. Perez from continuing
their efforts and doing further harm to the community.
Many factors were taken into consideration by the APV
Board before pursuing legal action, chief among them the
unauthorized transfer of $1.6 million from APV accounts to one not controlled
by the APV Board. This was done without the knowledge, authorization or
approval of a majority of the APV Board. Additionally, Mr. Jolly-Newille led
a charge to enter locked administrative offices after hours and remove APV
assets and records, attempted to fire the community manager and terminate
the management company’s contract. These extreme, unprovoked actions were
unwarranted and well outside the scope of the community covenants, rules and
regulations and Florida Statutes.
The APV Board of Directors held an emergency meeting on August 18 and
through a majority vote, the Board took the following actions as stated in
the emergency Board meeting minutes:
• Removing Peter Jolly-Newille as president and replaced him with Dorothy
McStay as president, removing Victor Destremps as vice-president and
selecting Jose Padilla vice-president, and appointing Linda Cantreva
secretary/treasurer and Anthony Iorio, Jr. as assistant secretary/treasurer.
•Authorizing the Association attorneys to file a lawsuit against Mr. Jolly-
Newille, Mr. Destremps and Mr. Perez to recover the Association funds
they removed from Association accounts and records and property
removed from the Association offices without authorization of the majority
of the Board.
• Removing Mr. Jolly-Newille and Mr. Destremps from the Executive
Committee and replacing them with Jose Padilla and Melissa Borrows,
while keeping Anthony Iorio, Jr. on the Executive Committee.
• Retaining FirstService Residential as the management company for
the Association.
•Changing the signatories on all bank and financial accounts by removing
Mr. Jolly-Newille and Mr. Destremps and replacing them with Mr. Iorio,
Mr. Padilla, Ms. Cantreva and Ms. McStay.
•Changing the locks on the administration building and returning control of
the building to the Association.
These actions were approved by a majority of the Board at the August 31
special Board meeting.
At the direction of the APV Board, the Association’s legal
counsel filed a motion for an emergency temporary
injunction against Mr. Jolly-Newille, Mr. Destremps and
Mr. Perez. A hearing to present evidence and court
testimony was held in Polk County Circuit Court on Friday,
August 28. On Monday, August 31, Circuit Judge Andrea
Teves Smith granted the Association of Poinciana Villages’
temporary injunction against Peter Jolly-Newille, Victor
Destremps and John Perez. The order noted that the temporary injunction
would serve the public interest by upholding principles of fairness, notice and
due process and that the actions of these APV Board members were causing
irreparable harm.
The following is an excerpt from the court order.
Mr. Jolly-
Newille, Mr. Destremps and Mr. Perez were ordered to:
• Return any and all monies taken from APV’s bank accounts.
• Return all computer hard drives, records, keys, locks and other personal
property belonging to APV taken from the APV office.
• Be restrained and restricted from asking, controlling, spending or using any
APV money or personal property unless authorized specifically in writing
signed by a majority of the APV Board.
• Be restrained and restricted from acting or attempting to act on behalf
of APV, FirstService Residential, or any committee of APV, including the
Executive Committee to the members of the APV, employees of FirstService
Residential, APV attorneys, contractors, subcontractors or anyone employed
or contracted to do work for APV, or make or attempt to make changes to
APV’s corporate records with any government agencies, unless authorized
specifically in writing signed by a majority of the APV Board.
• Provide APV with an accounting within five business days of all monies
obtained and spent from August 16 through August 31.
The complete order granting APV’s motion for temporary injunction may
be found at:
.
The Board of the Association of Poinciana Villages is confident in the
integrity and management of FirstService Residential on behalf of the
Association of Poinciana Villages. They hope everyone can set aside their
differences and work together to strengthen and unify the Association of
Poinciana Villages.
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