STATE OF FLORIDA

FLORIDA COMMISSION ON HUMAN RELATIONS 

FCHR NO.: 26-91921H

HUD NO.:04-06-1053-8

James Wergeles, 

Complainant,

VS.

Tregate East Condominium Association, Inc.

Respondent

CONCILIATION AGREEMENT

This CONCILIATION AGREEMENT is made between James Wergeles, hereinafter referred to as COMPLAINANT; Tregate East Condominium Association, hereinafter referred to as RESPONDENT; and the FLORIDA COMMISSION ON HUMAN RELATIONS, hereinafter referred to as the COMMISSION.

 

WITNESSETH

 

WHEREAS, the parties have carefully and amicably considered the issues of public interest, potential damages, costs and fees and agree that this cause should be resolved without further investigation or litigation; and

 

WHEREAS, the parties desire to enter into a binding agreement which will resolve the allegations set forth in the subject complaint; and

 

WHEREAS, the COMM1SSION is a Certified Agency pursuant to Section 810(£) of the Fair Housing Act of 1968 as amended (42 U.S.C. Sections 3601 et.seq.) and is the enforcing authority of the 'Florida Civil ,Rights Act (Chapter 760, Florida Statutes, [2005], and the Florida Fair Housing Act, Section 760.2037), Florida Statutes, [2005], and has reviewed the terms of the Agreement and agree that the terms are consistent with the public interest.

 

TERMS OF AGREEMENT

NOW THEREFORE, it is mutually agreed between the parties as follows:

      1.       Respondent agrees to

a.   Take a Fair Housing Training Course within six months of ·this Agreement. All new Board Members will take a Fair Housing Training Course when elected for the next two  years.

b.   Respondent agrees not to take any actions to harass, intimidate, coerce or retaliate against the Complainant.

c.   Respondent agrees to abide by all rules and regulations of Tregate East Condominium Association, and by all rules and regulations imposed anthem as Board Members. 

d.   Respondent agrees to write and sign a letter of apology to the Complainant for their behavior relating to the reasonable accommodation.

e.   Respondent agrees to evict the child living in unit 211 within sixty days of this Agreement. 

f.    Respondent agrees to notify all unit owners that children may not visit more than thirty days per years. 

g.   Respondent agrees to answer all correspondence submitted by unit owners sent by certified mail, within thirty days in accordance with Chapter 718 Florida Statutes. 

h.   Respondent agrees to post the minutes of the monthly meetings in its entirety no later than ten days from the date of the meeting.

i.    Respondent agrees to post the monthly report of expenses in its entirety no later than ten days from the date of the meeting. 

j.    Complainant agrees to abide by all rules and regulations of Tregate East Condominium Association. 

k.   Complainant agrees not to take any actions to harass, intimidate, coerce or retaliate against the Respondent.

l     Respondent agrees to ensure, to the best of its ability, that its policies, performance and conduct shall continue to demonstrate a firm commitment to the Florida Civil Rights Act of 1992, as amended, Sections 760.20-37, Florida Statutes, (2005), and the Civil Rights Act of the United State; (42 U.s.C.1981 and 1982 and 3601 et.seq. 

2.     Respondent agrees that it, its Board members, employees, agents and representatives shall continue to deal in an equal and impartial manner, without regard to race, color, religion, sex, national origin, handicap, or familial status, with all persons making inquiry for rental and/or purchase, and with any buyers, prospective buyers, tenants, prospective tenants, applications for rental or purchases, and all personals enjoying or seeking to enjoy residency and services and privileges afforded therewith. 
3.    Respondent agrees to be willing to accept and make available Fair Housing posters and brochures for the tenants, as it is required by the Fair Housing Act. 
4.    It is understood that this Agreement does not constitute a judgment on the part of the Commission that Respondents did nor did not violate the Fair Housing Act of1983, as amended, Section 760.20-37, Florida Statutes (2005). The Commission does not waive its rights to process any additional complaints against the Respondent, including a complaint filed by a member of the Commission. 
5.    It is understood that this Agreement does not constitute an admission on the part of. the Respondent 'that it violated the Fair Housing Act of 1983, as amended. 

6. Complainant agrees to waive and release any and all claims-against the Respondent with respect to any matters which were or might have been alleged in the complaint filed with the Commission or with the United States Secretary of Housing and Urban Development and agrees not to institute a lawsuit based 011 the issues alleged in there complaints under any applicable ordinance or statute in any court appropriate jurisdiction as of the date of this Agreement. Said waiver and release are subject to Respondent's performance of the promises and representations contained in 1a, 1b, 1e, 1d, 1e, 1f, 1g., 1h, 1i, and 1l herein. 
7. The Commission agrees that it will cease processing the above mentioned Complaint filed by Complainants and shall dismiss with prejudice said complaint based upon the terms of this Agreement. 
8. Respondent agrees to waive and release any and all claims against Complainants with respect to any matters which were or might have been alleged in the complaint filed with the Commission or with the United States Secretary of Housing and Urban Development, and agree not to institute a lawsuit based on the issues alleged in these complaints under any applicable ordinance or statute in any court of appropriate jurisdiction as of the date of this Agreement. Said waiver and release are subject to Complainants' performance of the promises and representations contained in 1j, and 1k herein. 

FURTHER, The Parties hereby agree that 

1. This Agreement may be used as evidence in any judicial administrative or other forum in which any of the parties allege a breach of this Agreement. 
2. This Agreement shall be made public. 
3. Execution of this Agreement may be via facsimile or copies reproduced and shall be treated as an original.
4. This Conciliation Agreement may be executed in counterparts, 

IN WITNESS WHEREOF, the parties have caused this Conciliation Agreement to be duly executed on the last applicable date: 

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