Friday, February 25, 2011

THE GOLDEN RULE

Many of us grew up being taught the “Golden Rule” – the principle that we should always treat others the way we would like to be treated. It’s a great concept! It’s a neighborly way, which fosters good relations in society and has been utilized in American culture for many decades.

Now days a new concept of the “Golden Rule” has surfaced. It goes like this- “he who has the gold, rules”. This new found concept is all too prevalent in our current culture and it is unfortunate people with access to enough financial resources can affect the outcome of a given situation through their ability to outspend their opponents.

By now, most of us who live or own property in units 3 and 4 of the Estates of Millbrook have been served with a summons to appear in Kendall County Court to defend yourself and your property after being sued by the Estates of Millbrook HOA in their claim to having the legal right to attach their CCR’s to your property.

By filing suit against the lot owners in units 3 and 4 individually, the Association has increased its legal expenses by THOUSANDS OF DOLLARS. Furthermore, their actions force each lot owner to obtain their own attorney and incur the unnecessary financial burden of responding to their summons.

DID THIS HAPPEN BY ACCIDENT, AS A RESULT OF LEGAL DILIGENCE? OR was it was a calculated move that forces each lot owner to capitulate to the Board of Directors interpretation of the events or pony up the necessary cash to defend themselves.

Since they are not spending their own money what does it matter to them? This Association is not spending their money – they are spending your money! See, those who control the gold, rule!

BUT THERE IS A LOW COST SOLUTION TO THIS UNWARRENTED ATTACK!

You can ask to be added to the original complaint against the Association AT NO COST TO YOU!

After joining, future legal expenses will be shared equally among those that unite. If ten of us band together in a common defense it will cost each of us ten percent of what it would cost to go it alone. If twenty of us join together the cost will drop to 1/20th of future costs incurred, and so on ….

By adding yourself to the original complaint, in the future the Association’s lawyer will be prohibited from contacting you directly regarding this matter. They will be bound by law to work through your lawyer.

William Hotopp, the attorney representing the homeowners against the Association, has firsthand knowledge of the situation (he is a lot owner in the subdivision). He is confident that we will prevail and is willing to add any interested party to the original complaint.

THIS NEXT PARAGRAPH IS VERY IMPORTANT!

Adding yourself to the original complaint will meet the legal requirement of a response to the Association’s summons and no further action will be necessary. If you fail to file a response to the Court’s Summons, you may become a member of the Association as a result of a default action by the court.

Mr. Farris is not in this alone. Others have already joined him and we hope more will take action soon.

If you would like to discuss your options or would like to share or hear an alternate opinion on this matter please feel free to contact us via email at: Owners.v.HOA@gmail.com

For legal advice in this matter, you can also contact attorney William Hotopp directly at:

815 786-7770.

Remember, it didn’t have to go this way. It didn’t have to cost this much. The Association’s Board chose this misguided course of action. Why? Was it because that through legal manipulation, financial intimidation, and failure to disclose all the facts many lot owners will unknowingly surrender rights as property owners?

It is noteworthy that in the recent court filings by the Association they admitted facts we have known all along.

It’s your choice.