Receiver's Notice of Sanction for Violation of the Campaign Rules Against
Marcoantonio Real
Dear Members of the Hammocks Community Association Incorporated:
I am writing to inform you of a violation of the Campaign Rules Governing the Annual Election by one of the candidates, Marcoantonio Real.
Based on a complaint lodged by Don Kearns, it has been found that Marcoantonio Real violated the Campaign Rules through his actions and statements. Specifically, on February 14, 2024, Mr. Real published a statement on the Hammocks neighbors' WhatsApp chat and the social media platform NextDoor, directed at Mr. Kearns, that misrepresented Mr. Kearns' responsibilities and criticized him based on false premises.
Don Kearns sits in an advisory capacity and has no authority to hire or fire the property manager or unilaterally address the many concerns of the community. Rather, Don Kearns’ role is to assist the Advisory Board, as one of its members, in advising and making recommendations to the Receiver. Marcoantonio Real has the same authority to do so as Don Kearns.
The Campaign Rules require candidates to uphold the integrity of the Election process, refrain from making false or misleading statements, and promote harmony among candidates. Marcoantonio Real’s actions, as described above, have violated these rules and impaired the fairness of the Election process. In addition, Marcoantonio Real’s statement about Don Kearns violates the Association’s Campaign Rules in that it violates the Golden Rule as well as undermines an “atmosphere of friendly competition” and “harmony among the candidates,” as mandated by those Rules.
As a result, Marcoantonio Real has been issued a Notice of Violation and Public Reprimand. This serves as a formal warning against further violations. Any additional violations by Marcoantonio Real will result in further sanctions, including potential disqualification from the Election. It is essential for all candidates to adhere to the Campaign Rules to ensure a fair and transparent Election process. The Hammocks Community Association Incorporated is committed to upholding these standards and will take appropriate action to address any violations.
By Order of the Receiver on February 17, 2024
Judge David M. Gersten (ret.)
(A copy of the formal notice to Marcoantonio Real follows.)
---
February 17, 2024
Subject: Receiver’s Notice of Sanction - Violation of Campaign Rules
Dear Marcoantonio Real:
I am writing to formally notify you of the sanctions imposed by the Hammocks Community Association Incorporated in response to your violation of the Campaign Rules Governing the Annual Election.
Following a thorough review of the facts and circumstances surrounding your actions, it has been determined that you have breached the Campaign Rules in the following manner:
In light of these violations, the Hammocks Community Association Incorporated has imposed the following sanctions against you:
It is imperative you uphold the principles of fairness, honesty, and respect in your campaigning efforts. Your compliance with the Campaign Rules is essential to ensure a transparent and equitable Election process.
Please be advised that this Notice of Sanction will be made public to the members of the Hammocks Community Association Incorporated to ensure transparency regarding the enforcement of Campaign Rules.
By Order of the Receiver
Judge David M. Gersten (ret.)
I am writing to inform you of a violation of the Campaign Rules Governing the Annual Election by one of the candidates, Marcoantonio Real.
Based on a complaint lodged by Don Kearns, it has been found that Marcoantonio Real violated the Campaign Rules through his actions and statements. Specifically, on February 14, 2024, Mr. Real published a statement on the Hammocks neighbors' WhatsApp chat and the social media platform NextDoor, directed at Mr. Kearns, that misrepresented Mr. Kearns' responsibilities and criticized him based on false premises.
Don Kearns sits in an advisory capacity and has no authority to hire or fire the property manager or unilaterally address the many concerns of the community. Rather, Don Kearns’ role is to assist the Advisory Board, as one of its members, in advising and making recommendations to the Receiver. Marcoantonio Real has the same authority to do so as Don Kearns.
The Campaign Rules require candidates to uphold the integrity of the Election process, refrain from making false or misleading statements, and promote harmony among candidates. Marcoantonio Real’s actions, as described above, have violated these rules and impaired the fairness of the Election process. In addition, Marcoantonio Real’s statement about Don Kearns violates the Association’s Campaign Rules in that it violates the Golden Rule as well as undermines an “atmosphere of friendly competition” and “harmony among the candidates,” as mandated by those Rules.
As a result, Marcoantonio Real has been issued a Notice of Violation and Public Reprimand. This serves as a formal warning against further violations. Any additional violations by Marcoantonio Real will result in further sanctions, including potential disqualification from the Election. It is essential for all candidates to adhere to the Campaign Rules to ensure a fair and transparent Election process. The Hammocks Community Association Incorporated is committed to upholding these standards and will take appropriate action to address any violations.
By Order of the Receiver on February 17, 2024
Judge David M. Gersten (ret.)
(A copy of the formal notice to Marcoantonio Real follows.)
---
February 17, 2024
Subject: Receiver’s Notice of Sanction - Violation of Campaign Rules
Dear Marcoantonio Real:
I am writing to formally notify you of the sanctions imposed by the Hammocks Community Association Incorporated in response to your violation of the Campaign Rules Governing the Annual Election.
Following a thorough review of the facts and circumstances surrounding your actions, it has been determined that you have breached the Campaign Rules in the following manner:
- Knowingly or recklessly making false or misleading statements: Your statements on February 14, 2024, falsely attributed responsibilities to your fellow candidate, Don Kearns, implying that he had unilateral obligations and decision-making authority regarding community issues when, in reality, he holds no such authority. As an Advisory Board member, you have the same authority to affect decisions as does Mr. Kearns. Just as I would not permit any candidate to misrepresent your authority as an Advisory Board member, whether to terminate vendors or make any other decisions on behalf of the Association, I cannot permit you to do this to other candidates. There must be a level playing field among all the candidates to ensure the integrity of this Election. Your misleading representation of Don Kearns' role and responsibilities constitutes a violation of the Campaign Rules.
- Impairing the fairness of the Election: By misrepresenting Don Kearns' role and responsibilities and criticizing him based on false premises, you have created an unfair atmosphere within the Election process. Your actions have undermined the fairness and integrity of the Election and violated the principles outlined in the Campaign Rules.
- The Golden Rule, Friendly Competition and Harmony: Your statements about Don Kearns have also violated the Golden Rule, as incorporated in the Campaign Rules, and have also undermined the spirit of friendly competition and atmosphere of harmony among the candidates, as mandated in those Rules, and, instead, create a hostile atmosphere.
In light of these violations, the Hammocks Community Association Incorporated has imposed the following sanctions against you:
- Public Reprimand: You are hereby publicly reprimanded for your actions, which have violated the Campaign Rules and undermined the integrity of the Election process. This Public Reprimand serves as a formal acknowledgment of your wrongdoing and a warning against future violations.
- Final Warning: This formal Notice of Sanction also serves as a final warning. Any additional violations by you will result in further sanctions, including potential disqualification from the Election.
It is imperative you uphold the principles of fairness, honesty, and respect in your campaigning efforts. Your compliance with the Campaign Rules is essential to ensure a transparent and equitable Election process.
Please be advised that this Notice of Sanction will be made public to the members of the Hammocks Community Association Incorporated to ensure transparency regarding the enforcement of Campaign Rules.
By Order of the Receiver
Judge David M. Gersten (ret.)