IN THE COUNTY COURT IN AND FOR PALM BEACH COUNTY, FLORIDA
UNIFORM CASE NO.
502005CC011311XXXXMB
JUDGE: RF
CIVIL DIVISION
COMPLAINT
EQUITY RESIDENTIAL PROPERTIES MANAGEMENT CORP.; JMG Realty, Inc.; Stonybrook Apartments at Boynton Beach, LLC.; donna barfield, p.a. and the LAW OFFICES OF LOWENHAUPT AND SAWYER
Plaintiff(s),
-VS-
ELIOT BERNSTEIN, CANDICE BERNSTEIN, INDIVIDUALLY AND AS GUARDIANS FOR JOSHUA BERNSTEIN, JACOB BERNSTEIN AND DANIEL BERNSTEIN
Defendant(s)
_____________________/.
Counterclaim for damages - WEBSITE EXHIBIT 2
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(in INTERNET EXPLORER click on tools, then internet options - on the bottom you should see a button to delete cookies, clear them. then click delete files and check the box. ok. close and re-open explorer to this page and you will have the latest newsNUMBER OF RESIDENTS WHO HAVE REPORTED MOLD
16 SINCE 9.14.2005NUMBER OF RESIDENTS with health problems
11 since 9.14.2005health problems identified:
children with asthma
blood in sputum
a case of pleurisy aggravation
skin problems
BLEEDING NOSES
VOMITING AND VOMITING BLOOD
BURNING EYES AND SKIN
LETHARGY
EMPHYSEMA AGGRAVATION
HEADACHES AND DIZZINESS
skin irritations
runny nose
coughing violently
asthma aggravation
PICTURES AND VIDEO BELOW - FOLLOW THE LINKS
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Palm Beach County Board of County Commissioners Planning, Zoning & Building Dept - Code Enforcement has put Stonybrook Property on a Warning Status for Mold - Read the reports below.
WARNING STATUS FOR MOLD ON THE STONYBROOK PROPERTY - CLICK HERE
Florida Health Department - Indoor Environmental Quality - has issued a report showing unknown molds since may and Stonybrook fails to test the molds and continue to tell children and woman to go back in knowing it is toxic mold!!!! - read the report
IDENTIFIED MOLDS FOUND PRESENT IN UNIT LAB TESTING
PENICILLIUM COMMONLY FOUND IN SOIL, FOOD, CELLULOSE, AND GRAINS. IT IS ALSO FOUND IN PAINT AND COMPOST PILES.
IT MAY CAUSE HYPERSENSITIVITY PNEUMONITIS AND ALLERGIC ALVEOLITIS IN SUSCEPTIBLE INDIVIDUALS. COMMON CAUSE OF EXTRINSIC ASTHMA (IMMEDIATE-TYPE HYPERSENSITIVITY: TYPE I). ACUTE SYMPTOMS INCLUDE EDEMA AND BRONCHIOSPASMS; CHRONIC CASES MAY DEVELOP PULMONARY EMPHYSEMA.
RHIZOPUS/MUCOR
IT MAY CAUSE MUCOROSIS IN IMMUNE COMPROMISED INDIVIDUALS. THE SITES OF INFECTION ARE THE LUNG, SINUS, BRAIN, EYE, AND SKIN. INFECTION MAY HAVE MULTIPLE SITES.
RHODOTORULA RHODOTORULA IS COMMONLY IDENTIFIED IN INDOOR AIR SAMPLES.
THEY CAN CAUSE PROBLEMS IF A PERSON HAS HAD PREVIOUS EXPOSURE AND DEVELOPED HYPERSENSITIVITY. YEAST CAN BE ALLERGENIC TO SUSCEPTIBLE INDIVIDUALS WHEN PRESENT IN SUFFICIENT CONCENTRATIONS.
CLADOSPORIUM COMMONLY FOUND ON DEAD PLANTS, WOODY PLANTS, FOOD, STRAW, SOIL, PAINT AND TEXTILES.
COMMON CAUSE OF EXTRINSIC ASTHMA (IMMEDIATE-TYPE HYPERSENSITIVITY: TYPE I). ACUTE SYMPTOMS INCLUDE EDEMA AND BRONCHIOSPASMS; CHRONIC CASES MAY DEVELOP PULMONARY EMPHYSEMA.
CURVULARIA
IT MAY CAUSE CORNEAL INFECTIONS, MYCETOMA AND INFECTIONS IN IMMUNE COMPROMISED HOSTS.
HYPHAE PIECES OF FUNGAL ORGANISMS THAT CANNOT BE IDENTIFIED AS TO WHAT GENUS THEY ARE FROM. THEY ARE INDICATIVE OF ACTIVE GROWTH IN THE SAMPLING VICINITY.
IF YOU OR YOUR FAMILY SUFFER ANY NEW HEALTH PROBLEMS INCLUDING, RESPIRATORY (COUGHING, SINUS OR BLEEDING LUNGS) OR SKIN PROBLEMS SINCE OCCUPANCY
OR
IF YOU HAVE HAD ANY PROBLEMS WITH MOLD OR MILDEW, ODORS, WATER LEAKS, HVAC PROBLEMS, HIGH ENERGY BILLS OR ANY OTHER COMPLAINTS TO EITHER STONYBROOK OR EQUITY THAT HAVE GONE UNANSWERED OR UNRESOLVED PLEASE CONTACT THE HOTLINE IMMEDIATELYEVIDENCE EXISTS THAT FAULTY CONSTRUCTION AND FAULTY APPLIANCES MAY HAVE CAUSED MOLD TO PERMEATE THROUGHOUT THE STRUCTURES AND MAY BE MOST PRONOUNCED IN THE GROUND FLOOR UNITS. THIS WOULD BE A SEVERE VIOLATION OF CODE ENFORCEMENT POLICIES. LEGAL ACTIONS HAVE BEEN COMMENCED AND STATE HEALTH OFFICIALS AND CITY CODE ENFORCEMENT HAVE CONFIRMED MOLD GROWTH.
!!!!!!!!TOXIC MOLD IS POISONOUS AND CAN HAVE LIFE THREATENING CONSEQUENCES ESPECIALLY TO THE ELDERLY OR INFANTS!!!!!!!!
you may choose to remain anonymous while voicing your complaints
LEGAL REMEDIES MAY BE AVAILABLE TO YOU FOR ANY COSTS OF MOVING TO SAFETY - contact a lawyer
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contact the Stonybrook hotline
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buildings & units reporting mold found
BUILDINGS WITH MOLD COMPLAINTS
STONYBROOK UNITS WITH COMPLAINTS
| BUILDING |
UNIT |
IMAGES |
VIDEO |
DOCUMENTS | Comments |
| #1 10158 Stonehenge Cr |
801 |
MOLD IMAGES FIRST INSTANCE |
baby covered in bloody
throw up
Stonybrook Video rats and frogs in storage mold video second instance in closet with no pipes |
CODE
ENFORCEMENT WARNING HEALTH DEPT INDOOR AIR QUALITY REPORT FPL - AUDIT SHOWING BROKEN HVAC Stonybrook - Master Document - HISTORY OF 801 INCLUDING LEGAL ACTIONS types of molds identified from lab testing baby recent medical report on respiratory PROBLEMS AND MOVING FROM MOLD ELIOT PRESCRIPTION FOR ASPERGILLIS MOLD TESTS FLOOR PLAN & BUILDING SKETCH FOR 801 AND PROBLEMS
|
Tenants complain of 3 sick
children, infant coughing and choking blood. Adult coughing blood.
In the master document to the left, the trail of deceit and falsified
work orders to cover up the problems is fully evidenced. Eviction actions have been
taken and then withdrawn to harass and intimidate tenants, after
falsified work orders were found and state inspectors confirmed problems
management tried to state did not exist.
Tenant was told to clean mold with toothbrush and developed skin disease. Adult with skin disease on chest and baby with skin disease on face after mold was blown through out house and clothing when trying to clean mold from the vents by management. Equity confirmed all prior JMG denied problems. State confirmed mold. City Code Enforcement confirmed mold, leaks, structural problems in walls, rats and foul water. FPL audit showed excessive @$400 bills due to broken and leaking HVAC Health Dept confirmed mold in report |
| #1 | 802 | MOLD VIDEO AND IMAGES IN CLOSET AND HVAc | Mold was painted over and service ticket shows moisture as problem, fails to state mold. Mold returns to HVAC and closets in 4 weeks. | ||
| #1 | Unit |
|
Foul odor complained of in bedrooms and
kids bath. Bathroom smells so bad closed off. When asked
about smell they failed to state unit flooded and prior occupants were
evacuated. Reports sickness and adult was recently hospitalized. |
||
| #1 | Unit | Tenants complain of sickness for two adults and one child. Pregnant wife is sick. Foul odors throughout house | |||
| #1 | 809 |
|
Affidavit states it best. 3 tenants sick and on medications, including constantly sick infant. Mold in children's room. Tenant was told to clean mold with toothbrush and developed skin disease. | ||
| #2
MODEL BUILDING |
1102 | VIDEO OF FRONT HALL CLOSET
AND DAMAGED POSSESSIONS AVAILABLE UPON REQUEST |
Read email statement | Tenants complain of sicknesses in 4
adults and children. Complains of excessive energy bills.
Pleurisy in tenant 2005 09 12 - Candice went and
took images of mold in their closet. |
|
| #2 | 903 | Former tenant who moved states that this
unit
"I was previously at 10170 # 903 with my
mother for over 1 year. We did have a mold problem there as well as
leaks in the A/C.
My mother had lung cancer, emphysema,
COPD and horrible skin rashes/irritations as well as debilitating
exhaustion. She passed away 8/27/04. Now I wonder was her
condition aggravated by the living conditions. "
|
|||
| #2 | Unit | ODORS IN BEDROOM AND IN STAIRWELL TO GARAGE | |||
| #2 | MODEL | Management complains of mold in garage while washing clothes and odors. Tenants of 801 were evacuated to this unit and noticed smells in front of house. | |||
| #2 | Complaints of odors & health
problems for adult and small child. Burning nose and chest,
coughing, nausea, gagging, headaches and dizziness. Child at Dr. for shortness of breath. Management was notified and did nothing. States water in bathrooms and laundry room smell |
||||
| #3 10170 Stonehenge Cr
|
Unit 917 |
Occupants report severe odor throughout house and in garage. Mold found covering HVAC coils and surrounding areas. Mold found covering ceiling of Garage Young child (lived whole life there) sick weekly
|
|||
| #3 | 916 | Across Hall from officers, older couple with mold in HVAC | |||
| #3 | 915 | Across Hall from officers, older couple with mold in HVAC | |||
| #3 | 922 |
VIDEO OF MOLD IN KITCHEN HVAC CLOSET AND THROUGHOUT HOME CEILINGS - WARNING! THIS IS SICK |
Tenant complains of severe migraines since moving in. Mold throughout home and ceilings. Roommate has constant sinusitis. The closet with mold is in kitchen, fears cannot breathe at times | ||
| #4 | Unit |
|
MASSIVE MOLD IN HVAC AND BEDROOMS. BEDROOM IMAGES FROM ROOM WHERE WOMAN DIED IN SLEEP | Tenant complains that he is afraid that
his recent hospitalization and surgery for some type of Gallbladder
infection may have been from the mold. Very sick
and his worldly possessions are covered in mold. He is vocational
and under state care. Roommate @60 healthy woman, swam 50 laps a day and walked 4 miles to work on Military and Boynton, died in her sleep. She was vocational and under state care. |
|
| #4 | 1213 |
I am in # 1213 since last October and
don't have the horrendous conditions I have witnessed on this site,
however I was previously at 10170 # 903 with my mother for over 1
year. We did have a mold problem there as well as leaks in the A/C.
My mother had lung cancer, emphysema, COPD and horrible skin
rashes/irritations as well as dibilitating exhaustion. She passed
away 8/27/04. Now I wonder was her condition aggravated by the
living conditions. After the hurricane my entire living room was
soaked and the mold was extensive on the carpet, walls and metal
frame of sliding glass doors. I did take pictures to try and
prevent being blamed for damage. Unfortunately I have less than a
week to renew my lease at an extremely large increase as well as
meet the demand to secure a 50,000 personal liability policy. I
only wish I had known about these events sooner. P.S. The 60 yr
old healthy woman who passed away lived above me. I would like to
call you tomorrow. Thank you.
|
|||
| #5 10146 Stonehenge Cr |
715 | COMPLAINT ABOUT CHILD VOMITING AND MOLD CONFIRMED BY EQUITY IN THE GARAGE | Mold in garage. When tenant reported Equity came and left scrapings of wall all over. Daughter began throwing up. Resident complained pool smelled and when he pulled out junk it was fecal matter. He took pictures. Management shocked pool and told people to go in two hours later, leaving feces in pool. Photo's under common area below | ||
| #5 | 702 | MOLD FOUND IN HVAC AND BATHROOM | Grandmother complains of sickness constantly and states her grandson is having constant sinus infections. Mold in bathroom and leak were reported fine by management. Rat droppings out her door and hall. Mold found in bathroom and HVAC | ||
| #5 | 713 | Mold found in HVAC, Vents and Windows | RED MOLD IN HVAC | Tenants complain of chronic illnesses. Red mold oozing in HVAC | |
| #6 | 504 | Mold in HVAC and Garage | RED MOLD HVAC | Tenants complain of illnesses in adults and children including pleurisy and pneumonia in older citizen | |
| #6 | 503 | Mold in carpet and HVAC | Several kids here are sick | ||
| #6 | 511 | ||||
| #6 10098 Stonehenge Cr |
404
|
Complains of health problems and has been diagnosed with a mold in her inner ear. Complains that her daughter is having health problems and sinus infections constantly. She and her daughter are on meds and she has further inner treatments scheduled. Complained of smells and odors, they told her it was new carpet and paint smell, very common lie to new tenants. She complains that she asked Jessica at move in if drug treatment center was being run at Stonybrook and they denied this. She is the director of a local rehab center and found out that Advanced Recovery Center is using the residential housing to shelter recovering hard core addicts. She is afraid and won't let daughter outside To confirm the rehab, Kyle from the center called saying that in the approximately 20 units rented, kids are getting sick and the smells are overwhelming, very concerned about his liabilities to these kids
|
|||
| #6 | 405 | Called Regarding Mold Complaint | |||
| #7 10182 Stonehenge Cr |
MOLD AND MILDEW Report carpet flooding and mold in unit under hers - lady |
||||
| #8 10194 Stonehenge Cr
|
1104 | Molds identified from Duct testing | mold and smells. bought test for hvac vents and confirmed and sent for testing | ||
| #8 | 1110 | Unit 10194 3rd floor odors 1110 -
complained to workers about orders Carpets smell like mildew mold Behind laundry and HVAC Hole where hvac is Bathroom is horrible smell Daughter has constant bleeding nose Mother is hoarse and can't breath - has throat surgery scheduled for October/November Worried about her kids Stuff comes out of vents Tiles cracked and discolored |
|||
| 20 Units Rented to Rehab Center | Call from Advanced Recovery Center of Boynton Beach Manager Lyle who runs clinic and he stated concerns for units that smell and kids feeling sick and nauseas. Stated he has responsibility to kids who are housed and the conditions. |
OUTDOOR AREA - CODE VIOLATIONS BUILDING 801
WATER POOLING AGAINST BUILDING
NOT WATERTIGHT STORAGE DOORS
RATS, FROGS, MOSQUITO BREEDING
RATS BURROWED UNDER HVAC OUTDOOR UNITS CIRCULATING RAT FECES AND CARCASS THROUGHOUT BUILDING HVAC
INDOOR WALLS ARE NOT CLEAN AND HABITABLE TO CODE SPECS
NO FRONT DOOR SCREENS, ALL DOORS TO OUTSIDE MUST HAVE SCREENS
COMMON AREA PROBLEMS
DRUG REHAB CENTER
STONYBROOK HAS RENTED 20 UNITS TO RECOVERING DRUG ADDICTS. THE CENTER ADVERTISES STONYBROOK AS THE GATED COMMUNITY WHERE THE CENTER IS LOCATED, GATED WITH SECURITY GATE.
NO NOTICE WAS GIVEN TO RESIDENTS THAT DRUG USERS WERE USING COMMUNITY AS REHAB CENTER. MANY RESIDENTS ARE OUTRAGED AT THE POTENTIAL FOR DANGER IN A RESIDENTIAL COMMUNITY WITH SMALL CHILDREN AND ELDERLY AND NO DISCLOSURES.
READ ADVANCED RECOVERY WEBSITE INFORMATION
POOL AREA
MOLD IN POOL AND POOL AREA
DEBRIS IS CONSTANT IN POOL AND IT HAS GREEN COLOR AND ODOR
FECES WAS FOUND AND EXCAVATED BY TENANT AND PICTURES SENT OF LARGE AMOUNT OF FECES IN POOL
MANAGEMENT SHOCKED POOL AND OPENED IT FOR PEOPLE HOURS LATER AND FAILED TO TAKE THE FECES OUT
FRONT GATES
A MEMO WAS SENT BY MANAGEMENT STATING THAT THE FRONT SECURITY GATE WAS BROKEN AND IT WAS NOT A SECURITY GATE. INSTEAD THEY CLAIM THE GATE A "TRAFFIC CONTROL" GATE THAT WAS BROKEN. ALTHOUGH THEY ADVERTISE GATED COMMUNITY AND SELL SECURE COMMUNITY ON MOVE IN. EITHER WAY WE ARE NOT SURE WHAT IS WORSE, A GATE THAT IS BROKEN TO SLOW DOWN TRAFFIC AT THE CROSSING WHERE THE KIDS CROSS FOR SCHOOL ETC. OR THE FEAR OF HOODLUMS BREAKING INTO YOUR HOUSE BECAUSE OF EASY ACCESS. IF IT IS FOR TRAFFIC CONTROL THIS IS A MAJOR DANGER TO THOSE IN THE CROSSING. COMPLAINTS SHOULD BE FILED BY ALL RESIDENTS REGARDING THIS.
GARBAGE OVERFLOW - 9/19/05 as seen by code enforcement
SINCE EQUITY HAS TAKEN OVER - GARBAGE HAS BEEN PILING OVER AND OUT OF GARBAGE BINS, CAUSING RODENTS, BIRDS AND FOUL SMELLS THROUGHOUT COMPLEX - PICTURES SOON
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FILE ONLINE COMPLAINTS
Code Enforcement Palm Beach County HAS A WARNING STATUS FOR MOLD ON THE PROPERTY, but if your unit has mold please report separate incidences. Send complaint form below and call.
Stew Westphal - Code Officer
Palm Beach County Board of County Commissioners Planning, Zoning & Building Dept - Code Enforcement
stwestph@co.palm-beach.fl.us
100 Australian Avenue
West Palm Beach, Florida 33406
(561) 233-5588
http://www.pbcgov.com/pzb/CodeEnforcement/complaint.htmFlorida Health Department - Indoor Environmental Quality - they have issued a report stating unknown molds in the unit and call if you suspect mold or bad indoor air.
Tony Coates
charles_coates@doh.state.fl.us
901 Evernia Street
West Palm Beach, FL 33402
(561) 355-3136 x1172IAQD UNKNOWN MOLDS REPORT
Florida Dept. Business Regulation - we are awaiting report but they want each case reported separately so call and leave message.
Addie Manulis & Larry Vavala
(954) 956-5693
ljvavala@dbpr.state.fl.us
You can file online complaints at https://www.myfloridalicense.com/render_comp.asp?form=7003_1&ext=121&comp=smk&SID=EPA
REPORT TO LOCAL NEWS OR ASK THE DR. QUESTIONS - DEMAND THAT THIS COVERING UP OF TOXIC MOLD AT STONYBROOK BE STOPPED BEFORE ANYONE ELSE GETS SERIOUSLY SICK OR DIES. MOLD IS A PROBLEM BUT IT IS MAJOR LIABILITY TO COVER IT UP AND LET PEOPLE KNOWINGLY GET SICK.
doctalk-qconfirm-3f7c237b8149ab8f80113a1e16419f2b@wsvn.com - EMAIL DR. QUESTIONS
I-Team@wpecnews12.com - CONTACT NEWS I-TEAM
helpmehoward@wsvn.com - HELP ME HOWARD
info@topix.net - BOYNTON NEWS WRITE IN EMAIL
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ONLINE MOLD LINKAGE
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Great information and images |
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Mold Questionnaire & Florida Lawyers |
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Great for symptoms of mold and info |
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File complaint and building codes |
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Environmental Protection Agency Mold Information |
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Links to Mold Sites |
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Great mold site with many links |
Leviticus, Chapter 14: 39 - 47
"On the seventh day the priest shall return to inspect the house. If the *mildew has spread on the walls, he is to order that the contaminated stones be torn out and thrown into an unclean place outside the town. If the *mildew reappears in the house after the stones have been torn out and the house is scraped and plastered, it is a destructive mildew and the house is unclean. It must be torn down - its stones, timbers and all the plaster - and taken out of town."
Leviticus 14:45
A house desecrated by *mildew, mold, or fungus would be a defiled place to live in, so drastic measures had to be taken.
Leviticus 13:47-50
If any clothing is contaminated with *mildew---any woolen or linen clothing, any woven or knitted material of linen or wool, any leather or anything made of leather---if the contamination in the clothing or leather, or woven or knitted material, or any leather article, is greenish or reddish, it is a spreading *mildew and must be shown to the priest. The priest is to examine the *mildew and isolate the affected article for seven days.
Leviticus 11:47
You must distinguish between the unclean and the clean.
Perhaps the bible tells of this long ago because babies coughing blood is a horrible and un-g-dly scene
PLEASE PASS THIS INFORMATION TO ALL YOUR NEIGHBORS. IF YOU HAVE A MOLD COMPLAINT PLEASE CALL US FIRST TO DOCUMENT THE CASE AND THEN CALL TO HAVE YOUR CASE REPORTED TO MANAGEMENT. BE VERY SUSPECT AND CAREFUL THAT YOU GET COPIES OF WORK ORDERS AS THEY TRY TO BLAME THESE PROBLEMS ON TENANTS AND COVER THEM UP. YOU MUST REQUEST YOUR WORK ORDER, READ IT, MAKE SURE IT STATES EXACTLY WHAT YOU REPORTED AND EXACTLY WHAT THEY FOUND OR DID NOT FIND. DOCUMENT WHAT WAS DONE. TAKE VIDEO AND PICTURES WHEN THEY COME, THIS IS THE BEST EVIDENCE.
Any problems - give me a call 561-364-4240 OR EMAIL Eliot
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