Honesty Is The Best Policy - Response to Sabrina Rosen

June 11, 2023

Re: Honesty is the Best Policy

“Sun light is the best disinfectant.” - Louis Brandeis, Supreme Court Justice

1. Neighbors - We are all looking forward to making WF a better place to live. That is our intention every day of the week. In order to do so, there is no substitute for following the age-old wisdom that honesty is the best policy.

2. This email is in reply to the June 9, 2023 email from Ms. Sabrina Rosen. The context is what I have characterized as the $9,000 gift of WF funds to Ms. Lerner, then a Board Member (and then also a member of the then Board Majority).

3. A fiduciary is a person who makes financial decisions on behalf of another party who is obligated to act in the client’s best interests. A fiduciary is held to the highest standard of honesty and care. All WF Board members are fiduciaries.

4. I believe that these quotations reflecting common human experience are also relevant to This discussion. "You can fool people some of the time, but you can’t fool them all of the time." (Aesop) "Oh what a tangled web we weave when at first we start to deceive." (Walter Scott) “Those who cannot remember the past are condemned to repeat it.” (George Santayana) Lastly, it is common sense that past conduct is the best predictor of future conduct.

5. Ms. Rosen has misrepresented to you that the $9,000 paid to Etta Lerner was “Carefully vetted and considered.” Ms. Rosen is of course, one of the WF Directors (along with Lee and Rosenstein) who supported paying $9,000 to Ms. Lerner. Ms. Rosen is running for election to the WF Board. Ms. Rosen’s representation is contracted by the facts, which are dramatically different.

6. THE FACTS: The facts are that the Majority Board authorized the payment of $9,000 Despite absolutely no documentation. There were no photographs, no inspection, no bills and no evidence that any repairs were ever actually made, let alone in the amount of $9,000. Ms. Lerner never even made a written claim. Ms. Lerner even failed to make an in person oral claim to the entire Board. She relied entirely upon the members of the Board Majority to make her $9,000 claim for her.

7. THE FACTS: It was Mr. Pitmann, then a WF employee, who was called by Etta Lerner and who responded to Ms. Lerner’s request for assistance because water was not draining from her sink. Mr. Pitman was using the WF wet vac to empty the sink and a small about of water fell on the kitchen floor. Ms. Lerner refused to provide any towels and so, instead, Mr. Pitmann retrieved two (2) towels and returned to Unit 251 and wiped up the water using the two WF towels. Some days later, Ms. Lerner claimed that the water from her sink that had spilled on her floor had ruined her kitchen floor.

8. THE FACTS: Mr. McHenry and Ms. Dilonell were highly suspicious of Ms. Lerner’s claim for $9,000, because on its face it was nonsensical. They decided to conduct their own investigation. They interviewed the Windsor Fountains employee, James Pitmann, and also the plumber from HDZ. Both Mr. Pitmann and the plumber from HDZ contradicted the representations made by Sabrina Rosen, Jessica Lee and later Ms. Rosenstein. Mr. Pitmann asserts that there was no damage to Ms. Lerner’s kitchen floor caused by the exceedingly brief time the water actually was present on Ms. Lerner’s kitchen floor. It must be remembered that Mr. Pitmann is the only independent witness to the spilling of water onto Ms. Lerner’s floor.

9. THE FACTS: The story put forward by the Board Majority to somehow justify their $9,000 payment to Etta Lerner is nonsensical because in any event the water was quickly cleaned up that very same evening by Mr. Pitmann. Ms. Rosen and Ms. Lee falsely represented to the Board that raw sewage had spilled onto the kitchen floor and beyond into the unit. It was this misrepresentation that the board relied upon when the vote was made to pay the $9,000 to Ms. Lerner.

10. THE FACTS: After their investigation, Mr. McHenry and Ms. Dilonell attempted to change their votes in order to stop the $9,000 gift to Ms. Lerner. Nate Wright of Horizon Management blocked Mr. McHenry and Ms. Dilonell from changing their vote once they belatedly realized that they had been misled and deceived by the Board Majority. It is notable that when Ms. Rosen states that Mr. McHenry and Ms Dilonell voted for the motion, she conveniently omitted this key fact that both attempted to later change their votes. So, this is deception by omission.

11. The new Board should demand that the $9,000 be returned to the WF HOA. For supporting documentation about this and other matters of concern to WF voters, see the web site, www.wfelections.org.

12. Ms. Rosen’s representation that the $9,000 paid to Etta Lerner was “carefully vetted and considered,” is about as believable as Ms. Lee’s (age 38) testimony at the Grievance Hearing that Ms. Cullinane (frail and handicapped at age 77) chased her around the WF swimming pool presumably to inflict physical injury on Ms. Lee. Again, please refer to the discussion at www.wfelections.org.

13. Two standard jury instructions are also applicable here. The first jury instruction exhorts jurors to "use your common sense and experience in deciding whether testimony is true and accurate." See CACI 5009. A second jury instruction provides that if you believe any witness has willfully testified falsely as to any significant matter, you may disregard the entire testimony of such a witness.

14. We all should insist on electing to the WF Board candidates who will live up to and will fulfill their fiduciary responsibilities.