Arbomar board, unit owner reach settlement

Three board members of Arbomar condominium agreed to step down in a global settlement with unit owner Pete DiNicola, who sued board members and the condo association in May.

Karen Jennings, secretary of the board of directors, wrote in a Nov. 25 email to unit owners:

“This Thanksgiving, our community can give thanks that a settlement has been reached in the civil lawsuit filed by Mr. Pete DiNicola.”

Board President Walter “Chip” Major, treasurer Judy Spiezio and Bill Baxter have agreed to resign, according to the email. Unit owners Jan McClure, George Romanoff and Esther Cook have agreed to fill the vacancies for the remaining terms.

A joint statement sent to unit owners that DiNicola and board members signed states:

“The global settlement was for the purpose of settling and compromising all disputed claims and furthering the best interests of the Association as a whole. The Parties have agreed that this amicable global settlement does not constitute an admission by the Parties of any wrongdoing or liability.”

DiNicola filed his lawsuit in May in Manatee County, alleging that Major conducted illegal construction work on his and three other units in the condo, including Spiezio’s residence.

The town red-tagged one unit for not having proper documentation, bringing a temporary halt to construction, but later removed the tag and issued permits for all three units.

DiNicola also alleged that board members illegally held meetings in secret and didn’t follow proper procedure when they approved an $8,000-a-unit window project.

DiNicola said he could not comment about specifics of the settlement but said he was pleased with the outcome.

“It’s not for me,” he said. “It’s for the people of this building that we need some resolution with this.”

Board members Major and Baxter did not respond to a request for comment from the Longboat Observer. Spiezio referred the newspaper to Jennings’ statement.

The settlements came after 12th Judicial Circuit Court Judge Gilbert Smith Jr. heard three hours of testimony Nov. 4, relating to an emergency motion DiNicola filed seeking a receivership to manage the condo association’s affair while his lawsuit was pending. Smith did not rule on the motion because the allotted time for the hearing ended before DiNicola’s attorneys finished presenting witnesses and before the board’s attorney presented arguments.

The parties participated in mediation Nov. 19, according to Manatee court records. Terms of mediation are confidential.

The resolution does not end litigation for the 31-unit condo.

Former building manager Kent Lagro and his wife, Heidi, have a separate suit pending in Manatee County court against the association and board members seeking more than $15,000 in damages for causes that include defamation, libel and slander.

Lagro, whose management contract was not renewed in June, has said he believes his termination in June was retaliatory for working with DiNicola to document unlicensed contract work.

Lagro said he hopes to enter into mediation with the board and is still seeking a settlement.

“There’s a huge amount of things that haven’t been addressed,” he said.