What is the name of your state? FL
The Board of Directors and/or general contractor changed the lock on my condo. I called the police and wanted them cited for grand theft larceny. The officers talked with the Secretary of BOD and she told them that I have been entering my apt. and slowing down the work/repairs (from Hurricane Wilma) and that Code Enforcement authorized the BOD to change my lock.
The officer told me to go to Code Enforcement. Though I kew the answer, I did as instructed and went to Code Enforcement. Of course they (CE) don't authorize changing anyone's lock. Upon follow-up with the same officer, the Secretary's story changed. She told the officer that my lock was changed because of liability of the general contractor with me entering my apt. and that she called Code Enforcement who said that this was okay.
I have not been entering my apt. and wanted to know when anyone has seen me in there since demolition & mold remediaton began, which I told the officer so I can prove my whereabouts elsewhere - including being out of the state of FL. Well, no one can say when I was in my apt. I have been calling the Fire Inspector because the roof has been leaking into electric wiring since Oct. 24, 2005. I gave the fire inspector permission to enter my apt.
The officer told me to talk to Code Enforcement again and added that because the place is under construction, they BOD and/or general contractor can change my lock. I'm not buying this at all because no one else's lock has been changed (to my knowledge), there is no sign on the door posted that says "authorized personell only" (which was on the door when mold remediation was occurring and has been removed), no injuction was filed, and I received no notification of my lock being changed on my property.
I called Code Enforcement and talked with the "big boss's" assistant. She called the Secretary of the BOD who said that she, the secretary, did not call code enforcement. The Secretary told the officers that she indeed called Code Enforcement. That's another lie the Secretary has been caught in?
My questions are:
1) according to the FL statute below, did the BOD and/or general contractor commit grand theft larceny of my condo?
2) wouldn't the BOD and/or general contractor have to get an injunction against me?
3) wouldn't I have to receive notification?
FL Statute - 812.014 Theft.--
(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
(2)(a)1. If the property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer; or
2. If the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper's loading platform to the consignee's receiving dock; or
3. If the offender commits any grand theft and:
a. In the course of committing the offense the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another; or
b. In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000,
the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s. 775.082, s. 775.083, or s. 775.084.
The Board of Directors and/or general contractor changed the lock on my condo. I called the police and wanted them cited for grand theft larceny. The officers talked with the Secretary of BOD and she told them that I have been entering my apt. and slowing down the work/repairs (from Hurricane Wilma) and that Code Enforcement authorized the BOD to change my lock.
The officer told me to go to Code Enforcement. Though I kew the answer, I did as instructed and went to Code Enforcement. Of course they (CE) don't authorize changing anyone's lock. Upon follow-up with the same officer, the Secretary's story changed. She told the officer that my lock was changed because of liability of the general contractor with me entering my apt. and that she called Code Enforcement who said that this was okay.
I have not been entering my apt. and wanted to know when anyone has seen me in there since demolition & mold remediaton began, which I told the officer so I can prove my whereabouts elsewhere - including being out of the state of FL. Well, no one can say when I was in my apt. I have been calling the Fire Inspector because the roof has been leaking into electric wiring since Oct. 24, 2005. I gave the fire inspector permission to enter my apt.
The officer told me to talk to Code Enforcement again and added that because the place is under construction, they BOD and/or general contractor can change my lock. I'm not buying this at all because no one else's lock has been changed (to my knowledge), there is no sign on the door posted that says "authorized personell only" (which was on the door when mold remediation was occurring and has been removed), no injuction was filed, and I received no notification of my lock being changed on my property.
I called Code Enforcement and talked with the "big boss's" assistant. She called the Secretary of the BOD who said that she, the secretary, did not call code enforcement. The Secretary told the officers that she indeed called Code Enforcement. That's another lie the Secretary has been caught in?
My questions are:
1) according to the FL statute below, did the BOD and/or general contractor commit grand theft larceny of my condo?
2) wouldn't the BOD and/or general contractor have to get an injunction against me?
3) wouldn't I have to receive notification?
FL Statute - 812.014 Theft.--
(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
(2)(a)1. If the property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer; or
2. If the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper's loading platform to the consignee's receiving dock; or
3. If the offender commits any grand theft and:
a. In the course of committing the offense the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another; or
b. In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000,
the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s. 775.082, s. 775.083, or s. 775.084.
