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, Collier County, FL, U.S.A.],

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)
_____________________________________________________________________________/

DEMAND FOR AUDIT PURSUANT TO GOVERNING DOCUMENTS

AND CORRESPONDENCE TO COURT IN SUPPORT OF FRAUD ON COURT

Dr. Jorg Busse, c/o J. F. Prescott

[CERTIFIED DELIVERY & MAIL FROM ABROAD

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.]
Hon. County Judge Eugene C. Turner and Hon. Clerk of Court:

AUDIT REQUIREMENT PURSUANT TO RECORD BY-LAWS

1. Here the record governing documents had required an audit:

“6.7 An audit of the accounts of the Association shall be made annually by a

certified public accountant, not a member of the Association, and a copy of the
report shall be furnished to each member not later than April 1st of the year
following the year for which the report is made.”

See O.R. 330 / 499; Collier County, FL, U.S.A.

Here in violation of said record By-Laws, no audit was made and furnished. Here, no
obligation to pay the fraudulently claimed amounts could have possibly arisen under said
governing association documents. Wherefore, Dr. Busse demands said audit.

PENDING APPEALS OF RECORD & MOTION FOR JUDICIAL NOTICE

2. Pursuant to the Oct. 2010 “status conference”, several appeals have been pending. See, e.g.:
 Here during said 10/2010 status conference, “plaintiff’s” Counsel Chene Thompson had

falsely pretended that said pending appeals had purportedly been “dismissed”. The law

prohibited “plaintiff’s” deceptive information, and Dr. Busse demands judicial notice.

RECORD CORRESPONDENCE OF PROOF OF FRAUD UPON THE COURT

3. Over and over again, Dr. Busse has been “corresponding with the court“ and communicating

fraud upon the Court to both the Court and “plaintiff” association by multiple means.

PROOF OF “plaintiff’s” FRAUD ON FILE

4. Said fraud on the Court is indisputably supported by the publicly recorded governing

association documents on file. See O.R. 330/466-500 (194717); Collier County, FL, U.S.A.

“11/22/2010 ORDER”

5. The electronic docket, Collier County, FL, U.S.A., showed an “11/22/2010 order”:

Hereby, Dr. Busse again clarifies that he has been communicating fraud upon the court

from abroad. Here in particular, Dr. Busse has been “corresponding with the court” and

giving the court notice of said record fraud via multiple media. The “plaintiff” association

has no right to extort money and/or property under false pretenses. Here, the governing

documents controverted plaintiff’s facially fraudulent claims and proved plaintiff’s fraud.

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 NO right to sue – “plaintiff” association’s FALSE NAME

6. Pursuant to the record governing documents, the “plaintiff” association’s name is:

“7.1 NAME: The name of the Association shall be GRANADA CONDOMINIUM

HOMES ASSOCIATION.”

See O.R. 330 / 473; Collier County, FL, U.S.A.

Here however without any right to sue, the “plaintiff” non-meritoriously proceeded as

“GRANADA CONDO HOMES, INC.”

“Plaintiff” ASSOCIATION FRAUDULENTLY CLAIMED “ASSESSMENTS”

7. Official Record 330/472 evidenced (see attached Exhibit):

Here, the purported “plaintiff” & “plaintiff’s” counsel violated said By-Laws and provisions.

PURPORTED “PLAINTIFF’S” LACK OF RIGHT TO SUE J. R. BUSSE

8. Official Record 1517/2165 (1990), Collier County, evidenced:

“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 subsequent to said 1990 Certificate of Amendment, e.g., Julia N. Jackson

became the owner of more than “only one apartment per owner in the Granada

Condominium Home Association”. Here violative of said 1990 Certificate, President Jackson

acquired interests in two (2) more apartments in said Association. Here in 2009, two (2)

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 “owners” and board members [i.e., Julia N. Jackson; and John Pierre van Dongen] had owned

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

RECORD LACK OF “9 VOTES”

9. Here, there never were said “9 votes” nor could there have possibly been “9 votes” for any

“approval in writing” of more than $ 331.83 in maximum “recurring common expense”:

“PLAINTIFF” FRAUDULENTLY CLAIMED UNJUSTIFIED “ASSESSMENTS”

Expressly, governing document O.R. 330/498, Collier County, FL, USA, had 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.”

PLAINTIFF’S & COUNSEL’S PERJURY ON THE RECORD

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

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

09/01/2010 AFFIDAVIT AS TO ATTORNEYS FEES

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

11. 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 maximum of $ 331.83.

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 J. R. BUSSE WAS NEVER OBLIGATED TO PAY MORE THAN $ 331.83 MAXIMUM

IN “RECURRING COMMON EXPENSE”

12. Here under the publicly recorded governing association documents, J. R. Busse was never

and could not have possibly been obligated to pay “recurring common expense” of more than

the maximum $ 331.83.

“PLAINTIFF” FRAUDULENTLY CLAIMED UNJUSTIFIED “ASSESSMENTS”

13. 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”.
“PLAINTIFF’S” ATTORNEY FAILED TO CORRECT CONTROVERTED “CLAIMS”

14. The Clerk’s electronic docket evidenced “plaintiff’s” attorney Chene M. Thompson:

THOMPSON, CHENE M ESQ PLAINTIFF'S ATTORNEY FORT MYERS, FL 33901

Here despite Dr. Busse’s multiple requests, Chene Thompson has failed to correct

“plaintiff’s” controverted and facially deceptive claims. See also Certificates of Service.

“PLAINTIFF’S” FRAUDULENT CLAIM EXCEEDED MAXIMUM 105%

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

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

DISCOVERY: PROOF OF “PLAINTIFF’S” FRAUD

16. 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

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

Operating Expenses” evidenced monthly maintenance of $260.00.

ATTACHED 2004 GRANADA FINANCIAL STATEMENTS

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

19. 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.

20. 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

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

ASSOCIATION’S FAILURE TO PROVIDE AUDITS UNDER GOVERNING DOCS

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

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

NOTICE OF UNAVAILABILITY

23. Dr. Busse hereby givens notice of his unavailability from Dec. 7, 2010, until Feb. 28, 2011.

WHEREFORE, Dr. Jorg Busse demands

1. An Order compelling “plaintiff” to produce said required audit;

2. An Order taking judicial notice of said pending appeals & plaintiff’s deceptive information;

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3. An Order summarily dismissing this frivolous action, because Dr. Busse has been

“corresponding with the Court” and proving fraud on the Court under said public records;

4. An Order summarily dismissing this action, because no audit was made and furnished in

support of the prohibited and frivolous association claims (see governing documents);

5. 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;

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

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

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

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

8. 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;

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

false pretenses and in contradiction to the governing association documents;

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

name of “Granada Condominium Homes Association”;

11. 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:

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 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 11/23/2010 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

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