Kaman &  

Legal Advisors for Ohio Condominium and Home Owner Associations

    Cusimano

MultiVest Speech to Court

My name is David Kaman, I am an attorney with the firm Kaman & Cusimano representing several dozen communities directly and adversely affected by the acts of Kathleen DeSalvo.  Looking at the room today, you see the faces of many of the volunteer board members of these communities.  

Over a period of time, association board members begin to trust their manager just like they trust their doctor, priest, or minister.  For many board members, the property manager becomes part of their family.  Kathleen DeSalvo cultivated the trust of her board members and made herself a part of their family.  

While the record is clear on the financial impact of her acts, little has been said about the emotional impact caused by this significant breach of trust.  The acts of Kathleen DeSalvo have reverberated throughout the community association industry, not only locally, but nationally.  Her attorney is correct that this case is exceptional.  Her theft has turned out to be the largest theft on a national level by a property manager of community association funds, igniting distrust against all community association board members and property managers.  

As a result of her exceptional act, owners now distrust their boards, and boards now distrust their property manager.  What were strong close-knit communities, are now communities torn apart.  

To date, hundreds of thousands of emotional hours have been expended by these volunteer board members to remedy this significant breach of trust.  Volunteer board members have endured sleepless nights and endless meetings wrestling with how to remedy the damage she caused.  As we sit here today, contractors and utilities of buildings are unpaid, capital improvement projects and needed repairs postponed and the pride of every community association homeowner is diminished.  

On behalf of the hundreds of board members of communities we represent who have been affected emotionally and on behalf of the thousands of owners in these communities who have been affected financially, we ask that the COLD AND CALCULATED breach of trust that took place over years and years, along with the millions of dollars of missing funds, be considered,  and that Kathleen DeSalvo be sentenced accordingly.  

Your Honor, Kathleen DeSalvo is not courageous.  The board members left with righting the ruin are the ones who have courage.  The sentencing in this matter is being closely watched by board members and property managers holding association funds all over the country.  A proper sentencing is necessary so that others similarly inclined to steal community association funds will realize that there will be a severe consequence.    

DAVID W. KAMAN


2000 Terminal Tower, 50 Public Square, Cleveland, OH 44113

Phone: (216) 696-0650     Toll-free: (888) 800-1042     Fax: (216) 771-8478