IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA, U.S.A.

“GRANADA CONDO HOMES, INC.”,

purported “plaintiff” [no right to sue under O.R. 330/466-500],

vs. Clerk’s Case Number: 09-02617-CC

BUSSE, JORG, DR. (not obligated to pay more than 105% in assessments; paid 1/12 of expense)
_____________________________________________________________________________/

PERJURY NOTICE & RECORD EVIDENCE

Dr. Jorg Busse

P.O. Box 1140
Naples, FL 34106-1140
CERTIFIED DELIVERY & MAIL
Hon. Eugene C. Turner, County Court Judge
Judicial Assistant Angela Turner
Twentieth Judicial Circuit
Clerk of Court, Collier County Courthouse
Naples, FL 34112, U.S.A.

RE: OFFICIAL RECORD 330/498 IN SUPPORT OF “PLAINTIFF’S” PERJURY

Hon. Judge Eugene C. Turner:

PERJURY ON THE RECORD

1. The Clerk’s electronic docket showed “plaintiff’s” perjury:

09/01/2010 AFFIDAVIT AS TO AMOUNTS DUE AND OWING

Here in 2009, the Plaintiff Association fraudulently claimed “amounts due and owing”,

which indisputably exceeded the maximum possibly permitted assessments of $ 331.83:

MAXIMUM ASSESSMENTS ALLOWED

UNDER O.R. 330/498
2004 $260.00 1.05
2005 $ 273.00
2006 $ 286.65
2007 $ 300.98
2008 $ 316.03
2009 $ 331.83
2010 $ 348.42
 “PLAINTIFF ASSOCIATION’S” FRAUD ON THE COURT

2. Here, the purported plaintiff and/or opposing counsel fraudulently concealed the maximum

assessments allowed under the governing association documents. Here, “plaintiff’s”

fraudulently claimed amounts unlawfully exceeded said $ 331.83.

“PLAINTIFF” FRAUDULENTLY CLAIMED UNJUSTIFIED “ASSESSMENTS”

3. Expressly, governing document O.R. Book 330 Page 498, Collier County, FL, USA, stated:

“The total of the assessments for recurring common expense shall be not more than
105% of the assessments for this purpose for the prior year unless approved in
writing by apartment owners entitled to cast 9 votes in the Association.”
See attached “By-Laws of Granada Condominium Homes Association”, O.R. 330/494,
“6. Fiscal Management; 6.2. Assessments for recurring common expenses”. Here, there
never were said “9 votes” nor could there have possibly been “9 votes”: See
O.R.1517/2165 (1990)
“There shall be only one apartment per owner in the Granada Condominium Home
Association. Anyone now owning more than one unit, may keep the second unit only
until sold.”
Here, the purported “plaintiff”, “GRANADA CONDO HOMES, INC.”, had no right to sue “J.

R. BUSSE”. Here in 2009, two (2) “owners” and board members [Jackson; van Dongen] had

owned a total of five (5) units and were not entitled to “cast votes” for the disallowed units.

PURPORTED PLAINTIFF’S FRAUDULENT CLAIM EXCEEDED 105%

4. Here, the purported “plaintiff” fraudulently claimed “assessments”, which exceeded said

105% ($ 331.83 in 2009) and therefore were patently clearly unlawful.

DISCOVERY: PROOF OF FRAUD

5. Pursuant to the 10/18/2010 “status conference” instructions, Dr. Jorg Busse respectfully

submits the following proof of “plaintiff’s” fraud to the Hon. Court’s attention:

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 2004 FINANCIAL INFORMATION: $260.00 ASSESSMENT

6. The attached “Granada Condominium Homes Association Financial Information for 2004,

Operating Expenses” evidenced monthly maintenance of $260.00.

ATTACHED 2004 GRANADA FINANCIAL STATEMENTS

7. “Granada Condominium Homes, Inc. Financial Statement(s) Dec. 31, 2004” are attached.

8. The attached “Detail of Monthly Expenditures” evidenced Dr. J. Busse’s 2004 purchase,

payments, and association expenditures. Furthermore, AMSouth Bank and Wachovia Bank

documents are attached.

ATTACHED GOVERNING O.R. 330 / 472, COLLIER COUNTY, FL, U.S.A.

9. Attached Official Record 330/472 evidenced “6. Assessments” and “Share of common

expense”, 1/12 share. Here, Dr. Jorg Busse had fully and satisfactorily paid said 1/12 share

under the governing By-Laws. See Dr. Busse’s payment records on file.

ATTACHED ASSOCIATION CASH FLOW ANALYSIS

10. A past cash flow analysis by a financial consultant is attached.

ASSOCIATION’S FAILURE TO PROVIDE AUDITS UNDER GOVERNING DOCS

11. In violation of the governing association documents, the purported plaintiff failed to provide

the required audits after 2004. See O.R. 330/466-500.

WHEREFORE, Dr. Jorg Busse demands

1. An Order summarily dismissing this facially fraudulent action, because the claims are

indisputably controverted by said public governing association documents, O.R. 330 / 466-

500;

2. An Order summarily dismissing this action, because the facially non-meritorious “claims”

by the purported “plaintiff” exceed the 105% under said governing instrument;

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3. An Order summarily dismissing this action, because Dr. Jorg Busse fully and satisfactorily

paid said 105% pursuant to the payment proof on file;

4. An Order summarily dismissing this action, because Dr. Jorg Busse was never obligated to

pay more than said 105% and affirmatively defends against this fraudulent action under

Florida law;

5. An Order summarily dismissing this action, because Florida law prohibits harassment under

false pretenses and in contradiction to the governing association documents;

6. An Order summarily dismissing this action, because said association By-Laws are in the

name of “Granada Condominium Homes Association”;

7. An Order compelling Chene M. Thompson to be available as Counsel and to furnish Dr.

Jorg Busse with any and all pleadings and communications under the Rules.

/s/Jorg Busse, M.D., M.B.A., M.M.; JRBU@aol.com; P.O. Box 1140, Naples, FL 34106-1140

ATTACHMENTS:

CERTIFICATES OF SERVICE AND PUBLICATION

I HEREBY CERTIFY that pursuant to the 10/18/2010 AM “status conference” and judicial
instructions, a true and correct copy of the above has been furnished to the purported and
improper “plaintiff”, “Granada Condo Homes, Inc.”, and opposing Counsel, Chene Thompson,
Esq., Condo & HOA Law Group, LLC, 2030 McGregor Boulevard, Fort Myers, FL 33901,
U.S.A., Fax: 001-239-333-2999; T: 239-333-2992, County Court Judge E. C. Turner at 001-239-
774-3618, and the Hon. Clerk of Court at Fax: 001-239-252-8020 on 10/18/2010 from abroad to
the U.S.A. See Facsimile Certificates; see also e-mails and postal certificates.

/s/Jorg Busse, M.D., M.B.A., M.M.; JRBU@aol.com; P.O. Box 1140, Naples, FL 34106-1140
www.scribd.com; www.myfax.com; www.gotfreefax.com

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Chene Thompson, Esq. – ON LEAVE & UNAVAILABLE pursuant to Counsel’s e-mails
Condo & HOA Law Group, LLC
Counsel for purported “plaintiff” without standing & cause of action
2030 McGregor Boulevard
Fort Myers, FL 33901
Fax: 001-239-333-2999; T: 239-333-2992

Clerk of Court, Dwight E. Brock

Collier County Courthouse
3301 Tamiami Trail East
Naples, FL 34112, U.S.A.
CollierClerk@CollierClerk.com
Fax: 001-239-252-8020; T: 239-252-2646
Angela Turner, Judicial Assistant to the Hon. Eugene C. Turner, County Court Judge
Collier County Courthouse
3301 Tamiami Trail East
Naples, FL 34112, U.S.A.
Fax: 001-239-774-3618; T: 001-239-252-8125
Administrative Office of the Courts
20th Judicial Circuit of Florida
1700 Monroe Street
Fort Myers, FL 33901
T: 239-335-2299

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10/18/2010 Fax Sent Successfully - GotFreeFax.com

From: info@GotFreeFax.com
To: jrbu@aol.com
Subject: Fax Sent Successfully - GotFreeFax.com
Date: Mon, Oct 18, 2010 4:55 am

Dear Dr. Jorg Busse,

Your fax to Chene M. Thompson, Esq., Condo & HOA Law Group, LLC at 2393332999 has been sent successfully.

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