IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

GRANADA CONDOMINIUM HOMES ASSOCIATION, INC., et al.,

Plaintiffs,

vs. Clerk’s Case Number: 09 02617CC

DR. JORG BUSSE [“BUSSE, J. R.”], et al.

DEMAND FOR JURY TRIAL

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MOTION(S) FOR JUDICIAL NOTICE OF PUBLICLY RECORDED

ASSOCIATION BY-LAWS AND DECLARATION OF CONDOMINIUM

AND IN SUPPORT OF MOTION(S) TO DECLARE TITLE AUTOMATICALLY QUIETED

1. Defendant Dr. Busse hereby moves this Court to take judicial notice of the following Collier

County public records in support of the fraud and fraud on the Court by Counsel and Plaintiff

Granada Condominium Homes Association, Inc.:

a. By-Laws (O.R. 330 / 494 et sequ.);

b. Declaration of Condominium (O.R. 330 / 466 et sequ.);

c. Certificate of Amendment (O.R. 330 / 483 et sequ.).

THE PURPORTED “LIEN” IS NOT IN EFFECT

2. Pursuant to Collier County Official Records, Book 1332, Page 1750:

 “The lien is in effect until all sums secured by it have been fully paid or until barred by law.”

Here, the “lien” was “barred by law” and procured through fraud; and all sums and/or expenses

have been “fully paid”.

DEF. DR. BUSSE FULLY SATISFIED HIS “LIABILITY” UNDER THE BY-LAWS

3. Pursuant to Collier County Official Records, Book 330, Page 472:

“the making and collection of assessments against apartment owners for common
expenses shall be pursuant to the By-Laws and subject to the following provisions …
each apartment owner shall be liable for a one-twelfth [1/12] share of the common
expenses, and shall share in the common surplus, such share being the same as his
undivided share in the common elements.”

PLAINTIFF ASSOCIATION REFUSED TO DISCLOSE AUDIT REPORTS

4. Pursuant to Collier County Official Records, Book 330, Page 499 [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.”

PLAINTIFF’S UNAPPROVED AND/OR FRAUDULENT ASSESSMENTS

5. Pursuant to Collier County Official Records, Book 330, Page 498 [6.2]:

“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.”

6. Here since 2003, the purported record “assessments for recurring common expense” were “more

than 105% of the assessments” and “not approved in writing”.

RECORD VIOLATIONS OF FLORIDA BAR UNIFORM TITLE STANDARDS

7. In support of Plaintiff’s and Counsel’s fraud and fraud on the Court, attached are the Uniform

Title Standards by the Florida Bar. See Exhibits. Here, Plaintiff’s “lis pendens” was

unsupported and for the unlawful purpose of extorting unauthorized and/or fraudulent

assessments.

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 ESSENTIAL RECORDS OF PLAINTIFF’S DEFUNCT AND/OR BANKRUPT AGENTS

8. The Plaintiff and/or Association’s agents have repeatedly refused to disclose the accounting and

expense records of the previous defunct and bankrupt agents for Plaintiff Granada

Condominium Homes Association, Inc., such as, e.g.,

a. “Collier Association Management, Inc.”;

b. “Orion Bank”;

c. “Palm Property Services, LLC”;

d. “Asset Property Management & Services, LLC”.

9. Said records are essential in these and other judicial proceedings, and in particular, because the

Plaintiff and Counsel fraudulently initiated a purported “lis pendens” in the absence of expense

records and documentation.

WHEREFORE, Defendant Dr. Busse demands

1. An Order taking judicial notice of the Plaintiff Association’s said By-Laws, Public Records,

Declaration of Condominium, and Certificate(s) of Amendment;

2. An Order declaring the fraudulent lien null and void and/or not in effect and Defendant’s record

title free and clear;

3. An Order declaring any and all unapproved assessments null and void under said By-Laws and

Public Records;

4. An Order compelling the Association to disclose any and all accounting and other records since

2003 pursuant to said By-Laws, and Ch. 718, Condominiums, Florida Statutes, and in particular

the records of said failed and/or defunct Association agents;

5. An Order sanctioning Chene M. Thompson, Esq., Florida Bar 541540, for the prima facie

perjury and fraud on the Court she and her firm, Richard D. DeBoest, II, Condo & HOA Law

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 Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901, perpetrated on the record when

Thompson swore to and filed the fraudulent Affidavit (01/28/2010) to mislead this Court.

/s/Jorg R. Busse, M.D., M.M., M.B.A.

SIGNATURE OF DEFENDANT
State Certified Residential Appraiser, Licensed Real Estate and Mortgage Broker
P.O. Box 11124, Naples, FL 34101-11124, jrbu@aol.com, 239-595-7074

CERTIFICATE OF SERVICE AND PUBLICATION

I HEREBY CERTIFY that a true and correct copy of the above pleading has been furnished to the
Plaintiff, Granada Condominium Homes Association, Inc., and/or its agent of record, Platinum
Property Management, LLC, North Collier Corporate Center II, 1016 Collier Center Way, Suite
102, Naples, FL 34110, Chene M. Thompson, Esq., Florida Bar 541540, Richard D. DeBoest, II,
Condo & HOA Law Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901, and to reassigned
Judge Eugene C. Turner, Naples Courthouse, 3301 E. Tamiami Trail, Naples, FL 34102, on this 2nd
day of March, 2010. The pleading is also being published worldwide. See, e.g., www.scribd.com.

/s/Jorg R. Busse, M.D., M.M., M.B.A.

SIGNATURE OF DEFENDANT AND CROSS-CLAIMANT
State Certified Residential Appraiser, Licensed Real Estate and Mortgage Broker
P.O. Box 11124, Naples, FL 34101-11124, jrbu@aol.com, 239-595-7074

CC: Donna Woodruff, Facsimile: 239-252-8020, Clerk of Courts; Angela Turner, J.A.