David Briel and Nery Ilen Perez-Valdes on a Path to Federal Prison?

Previously this writer presented an argument as to why Jose Lazarus Hoyos and Lilliam Martin should be facing a stint in federal prison. But that was only part of the story.

Before lilliam Martin moved her CAM license and criminal enterprise to 5600 South West 135^th Avenue in Miami, she operated out of an office in Miami Lakes under a company owned by David Briel, Florida Property Management Group (FPMG). Earlier posts here revealed the shady dealings of Briel and FPMG.

After several threats to sue this reporter for previous blogs, still posted here, Briel dissolved his company in July 2016. in doing so, all his “clients” (victims) accounts passed into the hands of Nery Ilen Perez-Valdes under the name of South Florida Property Management and Consultants (SFPM&C). 

Nery Perez-Valdes

Looking into the history of Briel's company reveals much.

Jose Hoyos joined the board of directors of Devon-Aire Villas Number 3 (DAV#3) HOA in 2005. For the first three years he had no officer position, then in 2009 he was listed as the vice-president on the HOA annual report. In the 2012 annual report Hoyos is listed as president of the DAV#3 HOA.

While Hoyos was acquiring the vice-president position at DAV#3, FPMG was conducting business in a very peculiar way. By January 2009 FPMG had become the management firm for four other HOAs in mostly low-income areas. These are Veranda at Miramar, Cutler Gardens, Habitat Villas Community Association and 71^st Byron. Breaking standard practices and probably state regulations, Briel had the mailing addresses of every one of the officers and board members of all but one of these associations changed to his office address at 7100 SW 99^th Avenue in Miami. 

We provide condo contact info and property manager for Verano At Miramar Condo Association. Before purchasing in a condo community or complex you will want to familiarize yourself with their rules and deed restrictions, reserve funds, budget, bylaws, and documents of the association. You should acquire a copy of the condo associations operating financial statement so that you understand how the HOA fees are being allocated and ensure the reserve fund is adequately funded.

Reserve funds are used for large projects such as replacements or repairs within the homeowners association. The funds usually have strict criteria for how they are to be used. The criteria is based on the HOA community rules and regulations, bylaws and accountability. Some examples of reserve fund use are:

1. Roof replacement on common area buildings such as clubhouses and condominiums
2. Repairs on community pools and spas such as new pool pumps, pool heaters, pool deck repairs or refinishing etc.
3. Playground equipment, clubhouse, neighborhood parks, tennis courts
4. Replacing fencing in HOA controlled areas
5. Painting of community association buildings
6. Major landscape projects
7. Construction and major renovations such as sidewalk projects and private roads

Another HOA was added in 2010, The Oaks of North Miami. All of its communications were made to go through Briel at FPMG. The Oaks of North Miami Community Association never had an independent mailing address, because from its inception this HOA had its “primary place of business” listed in an office on Coral Way. 
 

The Oaks sign with missing letters

What this accomplished for Briel was to take absolute control of all communications of the “client” HOAs. Everything pertinent to the HOA had to pass through his office, through his control. A concerned homeowner could no longer make direct contact with a board member unless having had prior direct means to do so.

While Hoyos had maneuvered to become the vice-president at DAV#3, his HOA was also brought under this absolute control by Briel and FPMG. On January 16, 2009, Associated Law Group, acting as the resident agent for the DAV#3 HOA, changed all the addresses to 7100 SW 99^th Avenue so that its communications passed through Briel's control. By May 4, 2009, Briel had taken control of DAV#3 HOA, and by May 24, 2010 FPMG was listed as the resident agent for the DAV#3 HOA.

The Associated Law Group will get special consideration in a future blog, part three of this series. Although its relationship with DAV#3 HOA ended seven years ago, its negative impact remains.

Let's consider the money involved.

Cutler Gardens owners pay $200 per month in HOA fees.

Habitat Villas pay $50 per month, $600 per year.

The owners of units in Verano at Miramar Condo Association pay $230 per month. For its 220 units this adds up to $50,600 per month, and $607,200 in a year.

At 71^st Byron, owners pay $208 per month, or $2496 each year. 

71st Byron Condominium

The Oaks of North Miami Community Association owners pay $208 per month for their HOA dues. Pictures here reveal what the owners get for that money. It's no surprise that David Briel made himself president of The Oaks HOA after taking absolute control. Not only is this a blatant conflict of interest, it is also against Florida Statutes. We would all love to see that contract between FPMG and The Oaks … how Briel justified paying himself as a management firm to his own HOA. 

By the time Hoyos became president to DAV#3 HOA officially, David Briel had absolute control of five HOAs, including the one that Hoyos presided over. The sixth was 71st Byron, with its president, Javier Lopez, working for FPMG. 

We know there have been no financial reports produced for DAV#3 since Hoyos became vice-president of that HOA. Not one. That means that the entire time that David Briel and Hoyos have had control of the HOA funds not a single dollar has been accounted for with financial statements. We know this about DAV#3. Considering the fact that every HOA managed and controlled by Briel through FPMG has been altered so that no member can contact a board member or officer without going through “management,” it's logical to believe that no financial reports exist for any of these other HOAS.

If that is the case, Briel and FPMG were collecting over $1,000,000 per year with zero accountability. That is, until this writer began publishing blogs, and Briel consequently “sold” his business to his accountant, Nery Ilen Perez-Valdes.

But did David Briel really sell anything? 

Or did David Briel merely move his criminal enterprise to another location, near Kendall,  and set up Nery Perez as his manager-patsy to continue doing business the same as before, keeping his name out of the public scrutiny? 

On May 8, 2016, Nery Perez filed with the Florida Secretary of State to change all of Briel's clients to another address, at 5600 SW 135^th Avenue in Miami. It was two months later that new filings announced a voluntary dissolution of FPMG and the formation of a new company, South Florida Property Management and Consultants, managed by Nery Perez. During visits to these premises, Lilliam Martin has been seen, as would be expected because her CAM license is needed in order for Nery Perez to operate as manager for this new company.

If FPMG was sold to Nery Perez, what was the monetary consideration, and how did Perez-Valdes raise that money?

Following the same practices as David Briel at FPMG, Perez-Valdes has changed every address of every officer and director of her “client”(captive victim) HOAs to her address at 135^th Avenue. She maintains absolute control over all funds and all communications held tightly in her fat, grubbing hands. 

And Nery Perez is now the president of The Oaks of North Miami Community Association. Apparently that office was also up for sale along with the rest of the criminal enterprise.

Picnic with tree branches at the Oaks

There is one exception to this absolute control by Briel at FPMG. Javier Lopez has been the president of the 71^st Byron Condo Association since around 2004 or earlier. While working at FPMG, Javier Lopez was the fast-talking excuse guy for FPMG. He would take complaints from residents of the DAV#3 HOA and make excuses as t why there was no simple or affordable solution to the problem. Or, Lopez would arrange for a band-aid over the problem to placate the person with a grievance. Especially, Lopez made excuses about why no one can see the DAV#3 HOA bank statements or financial records: some of the items in the bank statements might be misconstrued as improper. We can't have that. (1-11-2016).

Oddly, or very significantly, none of the officers/board members of 71^st Byron had their home addresses changed to the offices of FPMG or of SFPM&C. Lopez, as president of that association, refused to concede to the Briel scheme to take absolute control of each HOA. Lopez must have known that what Briel was doing was, and is, illegal.

Nery Ilen Perez-Valdes was the accountant for Briel at FPMG. She was and is responsible for producing financial reports, and she is also accountable for refusing everyone access to financial information that Florida laws require be made available to HOA members. This is one way to say that Nery Perez is personablly responsible for multiple violations of Florida Statutes regarding having and sharing records of finances for each HOA she manages. She is, after all, registered with the Florida Secretary of State as the manager of SFPM&C, which has absolute control over five HOAs. Nery is the black hole into which all the money passes.

The Black Hole of HOA funds

This also means that Nery Perez is at the center of the scheme to defraud mentioned in federal laws pertinent to “honest services fraud.”Extortion, coercion and racketeering follow.  

Dear Devon Aire Villas #3 Management Group,

This is the third notice after MANY calls to you to bring to your attention ALL the problems we have in our section:

1.  The entrance sign ever since it was installed it has had its letters falling and missing.  IT OBVIOUSLY NEEDS A HARD GLUE/CEMENT so this does not happen.  ALL THE OTHER SIGNS from the other sections have their letters perfect and have been in perfect conditions since their placement and WE do not understand WHY ours has this problem.  Please see photo enclosed.  it is a simple step that just HAS TO DONE. all the letters need to be re-glued/pasted on permanently.

The Sign that Cannot be Fixed

2.  There is a HUGE, big hole on the main boulevard of 124th AVE  -- On the 'going out' lane.   This is ANOTHER problem as all the cars go on it and besides our tires getting ruined, the HOLE gets BIGGER.  It needs to be REPAIRED immediately.   I truly do not understand what is happening here  AND if anyone from the association even comes to see the conditions and the works that need to be done.  Please see photo here enclosed.

3. THERE ARE STATUES inside the median of this same entrance ( 124th Ave) and those have been asked to be removed many times . I personally told Neri about this and she said she was having them removed AND THEY ARE STILL THERE !!!


4.  Last but not least, I HAVE HOLES IN MY DRIVEWAY, which are getting bigger and bigger and need to be fixed immediately as well.  I have mentioned this to you last year as well. Please come and see it and call me to make the appointment.  Photos enclosed.

Common Holes in Devon-Aire Villas 3

There are also some  houses in bad conditions that need to get painted and fixed.

Please advise receipt of this note with your planned action towards each of the points mentioned.
I have called your office to give you all the site notices and do not think anyone in your office is working for us.  I am trying to help you and to give you a list of things that need immediate attention.


I PAY your company on time and expect to have the services you are responsible for; just like we the homeowners pay our dues to you, you must render and do your duty towards us as well.

It may be that Perez is carrying on the practices of Gerardo Briel, who was the treasurer at FPMG. Perhaps Gerardo was Nery's mentor in crime?

If this writer is correct, and these other HOAs have no financial statements prepared for members, then Gerardo Briel should join the cabal to be investigated by specialists in prosecuting RICO Act prosecutions.

To be continued …