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!