I spoke with my attorney earlier today. I called him with questions about the September 20th letter I received from the Estates of Millbrook Homeowners Association. I was asking him about my rights as a lot owner and how to respond to this latest assault on the truth. I asked him what was the best way (and conversely the worst way) to respond when I’m contacted by Attorney Knee.
Here is his perspective:
The best thing any lot owner can do is not to respond at all. Do nothing!
The worst option an owner can follow is to submit to their demands and sign their documents. Signing does away with all options presently available to you.
Lot owners in units 3 and 4 have nothing to lose and everything to gain by taking a wait and see approach. Waiting leaves all options open, including joining at a future time, remaining independent of any HOA, or getting together with other owners in units 3 and 4 and forming a separate HOA.
And, there is no cost to you if you decide to wait.
Not one cent.
Wednesday, October 6, 2010
Wednesday, August 18, 2010
THE SAGA CONTINUES!
Congratulations fellow defendants!
By now you should have received your invitation to the special association meeting this Thursday evening at the township building and maybe your thinking “Now I’ll get some straight forward, honest answers”.
Not likely!
Please let me remind you of a few facts and offer a quick warning.
Since this fiasco began, the BOD has been less than open and straightforward with their answers. For example, remember when the former President requested the current President (then Vice President) research the situation with the county records department but refused to reveal what the VP discovered claiming that since the VP paid for copies of the records that the BOD wasn’t entitled to know what had been discovered.
Or you also might remember that when two BOD members called a meeting to inform the membership regarding the status of the investigation that the President and both Vice Presidents refused not only to attend but also refused to provide any documentation for review by the membership.
You might even recall that it was openly proclaimed that the county records indicated Mr. Farris was absolutely wrong and that his claims were without basis. The truth is Mr. Farris has been right all along.
The first important fact to remember when attending this meeting is –
This meeting has been called by the very same people responsible for all the misinformation offered to date.
Even the latest newsletter updating the membership on the status of the lawsuit is factually incorrect.
That update also contains the following statement: “The Board of Directors have been advised by the association’s legal counsel that a complete determination of the issues in the case requires the joining of all lot owners within units 3 and 4 as defendants in the case.” The truth is there are numerous methods to accomplish a complete determination of the issues. Dragging your neighbors into court and enjoining them to an existing legal action can be an effective method of intimidating someone into capitulating to your demands (especially when you can accomplish the entire scheme at the expense of the membership).
The update goes on to state it is “anticipated that all owners in units 3 & 4 will receive communication from the associations attorney in the near future”. According to the BOD this “communication” will contain a request that lot owners “accept service of the suit” and consent to a judgment declaring their property is subject to their interpretation of the recording of the CCR’s.
What the update does not tell you is that the association’s legal counsel had already attached, by name, most of the lot owners in units 3 & 4 to the lawsuit as co-defendants.
The second important fact to remember when attending this Thursday’s meeting is –
The BOD will only present information that supports their position. The BOD has spent thousands of your assessment dollars on legal fees trying to create and defend a legal claim against property to which the association has never held title or had any legal claim. For almost two years (since November 2008), they have consistently withheld information that did not agree with their interpretation of the facts. Do not expect that to change now.
The third and final important thing to remember is not to be intimidated by the carrot and stick approach to solving this situation –
This is no way for the BOD to treat their neighbors! There is no reason to yield to any demands from the BOD. You have legal rights as property owners. The BOD would like nothing better than for you to submit to their interpretation of the facts. You deserve better – you deserve to know the whole truth and then be given an opportunity to make an informed decision.
This entire debacle is the direct result of the developer’s actions. Either he did it on purpose or his people made some serious mistakes. They should be held responsible.
Don’t be intimidated by a BOD out of control. There is a right way to accomplish what is best for everyone but so far this BOD hasn’t listened to logic or reasoning. They have chosen to follow the course most beneficial for the developer and most onerous for the membership – without even consulting or advising the membership in advance. Why?
Get all the facts, contact your own legal counsel, do what is best for you!
By now you should have received your invitation to the special association meeting this Thursday evening at the township building and maybe your thinking “Now I’ll get some straight forward, honest answers”.
Not likely!
Please let me remind you of a few facts and offer a quick warning.
Since this fiasco began, the BOD has been less than open and straightforward with their answers. For example, remember when the former President requested the current President (then Vice President) research the situation with the county records department but refused to reveal what the VP discovered claiming that since the VP paid for copies of the records that the BOD wasn’t entitled to know what had been discovered.
Or you also might remember that when two BOD members called a meeting to inform the membership regarding the status of the investigation that the President and both Vice Presidents refused not only to attend but also refused to provide any documentation for review by the membership.
You might even recall that it was openly proclaimed that the county records indicated Mr. Farris was absolutely wrong and that his claims were without basis. The truth is Mr. Farris has been right all along.
The first important fact to remember when attending this meeting is –
This meeting has been called by the very same people responsible for all the misinformation offered to date.
Even the latest newsletter updating the membership on the status of the lawsuit is factually incorrect.
That update also contains the following statement: “The Board of Directors have been advised by the association’s legal counsel that a complete determination of the issues in the case requires the joining of all lot owners within units 3 and 4 as defendants in the case.” The truth is there are numerous methods to accomplish a complete determination of the issues. Dragging your neighbors into court and enjoining them to an existing legal action can be an effective method of intimidating someone into capitulating to your demands (especially when you can accomplish the entire scheme at the expense of the membership).
The update goes on to state it is “anticipated that all owners in units 3 & 4 will receive communication from the associations attorney in the near future”. According to the BOD this “communication” will contain a request that lot owners “accept service of the suit” and consent to a judgment declaring their property is subject to their interpretation of the recording of the CCR’s.
What the update does not tell you is that the association’s legal counsel had already attached, by name, most of the lot owners in units 3 & 4 to the lawsuit as co-defendants.
The second important fact to remember when attending this Thursday’s meeting is –
The BOD will only present information that supports their position. The BOD has spent thousands of your assessment dollars on legal fees trying to create and defend a legal claim against property to which the association has never held title or had any legal claim. For almost two years (since November 2008), they have consistently withheld information that did not agree with their interpretation of the facts. Do not expect that to change now.
The third and final important thing to remember is not to be intimidated by the carrot and stick approach to solving this situation –
This is no way for the BOD to treat their neighbors! There is no reason to yield to any demands from the BOD. You have legal rights as property owners. The BOD would like nothing better than for you to submit to their interpretation of the facts. You deserve better – you deserve to know the whole truth and then be given an opportunity to make an informed decision.
This entire debacle is the direct result of the developer’s actions. Either he did it on purpose or his people made some serious mistakes. They should be held responsible.
Don’t be intimidated by a BOD out of control. There is a right way to accomplish what is best for everyone but so far this BOD hasn’t listened to logic or reasoning. They have chosen to follow the course most beneficial for the developer and most onerous for the membership – without even consulting or advising the membership in advance. Why?
Get all the facts, contact your own legal counsel, do what is best for you!
Wednesday, February 3, 2010
Asking the Tough Questions
Well, it is time for another HOA annual members meeting and I have received a number of inquiries as to my opinion on the status of numerous issues in the subdivision. Most questions center around why the association’s business is being handled in the perpetual cloud of secrecy in which it typically is handled. As the conversation continues the real question surfaces, that being: Who is going to take the lead and ask the really tough questions like, “Why doesn’t the BOD follow the association’s policies, CCR’s and bylaws?”, and “Why all the smoke and mirrors when I ask for information?”
My short answer is: Not me, because I’m not a member!
Dave Farris is not alone in his pursuit to stop the BOD’s illegal recording the CCR’s against the properties in units 3 and 4 without the consent of the owners of record. I fully support Dave and I am sharing in every aspect of these legal proceedings.
Therefore, as a non-member, I’ll hold my peace but I will tell you there is no reason the membership cannot know the specifics of the lawsuit filed against the association. That information is a matter of public record. I am willing to share copies of all the legal proceedings to date with anyone who is interested. Just send me an email and I will forward copies of the documents to you. (As a side note on the subject of legal costs related to this action, I highly doubt the cost of litigation “may require the adoption of one or more special assessments in the very near future” as stated in the last newsletter. I view statements like that as exactly what they are - just another melodramatic attack intended to cast someone who doesn’t drink their Kool-Aid in a negative light.)
So, those who want answers will have to ask the tough questions. I understand it can be intimidating to ask when those who have opposed the BOD in the past have ended as fodder in the shark tank of anonymous weblogs. Still, you deserve answers and if I were a member I would have a number questions not only about following bylaws, CCR’s and policies but also about finances and transparency of BOD activities.
My opinion - ask questions and don’t settle for smoke and mirror answers.
Best Regards,
Tony Robinson
My short answer is: Not me, because I’m not a member!
Dave Farris is not alone in his pursuit to stop the BOD’s illegal recording the CCR’s against the properties in units 3 and 4 without the consent of the owners of record. I fully support Dave and I am sharing in every aspect of these legal proceedings.
Therefore, as a non-member, I’ll hold my peace but I will tell you there is no reason the membership cannot know the specifics of the lawsuit filed against the association. That information is a matter of public record. I am willing to share copies of all the legal proceedings to date with anyone who is interested. Just send me an email and I will forward copies of the documents to you. (As a side note on the subject of legal costs related to this action, I highly doubt the cost of litigation “may require the adoption of one or more special assessments in the very near future” as stated in the last newsletter. I view statements like that as exactly what they are - just another melodramatic attack intended to cast someone who doesn’t drink their Kool-Aid in a negative light.)
So, those who want answers will have to ask the tough questions. I understand it can be intimidating to ask when those who have opposed the BOD in the past have ended as fodder in the shark tank of anonymous weblogs. Still, you deserve answers and if I were a member I would have a number questions not only about following bylaws, CCR’s and policies but also about finances and transparency of BOD activities.
My opinion - ask questions and don’t settle for smoke and mirror answers.
Best Regards,
Tony Robinson
Subscribe to:
Posts (Atom)
