The memorandum regarding RV3 was sent out this week. Written such that the smell of "la culpa" is eroded from the board and wafted over to me. Carol has stated that maintenance is not being done due to the fact that the owner of 12168 Drake would not follow the rules he was given when he purchased the property. The owner has always followed the rules, always paid dues on time, always paid fines and paid illegal charges. The fact is that the decisions made by the board along with the lack of ability to figure out what is right and wrong, has caused the costs. Clearly, the fact that they have lost both law suits indicates that they have "tienen la culpa". For the uninitiated, that means "they have the culprit responsibility".
As for the weeds, I simply made a mistake and quoted the wrong law. In fact State statute 515B.3 101, item (11) states:
(11) impose charges for late payment of assessments and, after notice and an opportunity to
be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association;
This was copied and pasted from the state statutes. Riverview III NEVER gives an opportunity to be heard. They simply fine and expect payment. You will notice the word "reasonable" when talking about fines. The judge did elude to this at court time.
Carol Ebsen and New Concepts have drummed up another problematic decision. They have moved money from the "legal" fund to the "maintenance" funds. This money was a $250 bill charged by Carol Ebsen (the memo points out that Carol charged appropriately) to Riverview III for her day in court.
They have defied Judge Connolly's instructions. His instructions clearly state 2 items.
1. Carol Ebsen was incorrectly compensated and
2. The board of RV2 should immediately return the funds.
The next action will be a re visit to court to explain to Judge Connolly that RV3 manipulated the movement of funds but that Carol Ebsen was still incorrectly compensated. He will not be pleased at all and in fact the penalties for such manipulation could be other than monetary. This is called contempt of court. Rewards for contempt are outstanding. Even 3 foot weeds can't hide contempt.
She charged $250. This is cash. In order to get $250 from your work place for a days work, you need to be making around $390 per day since you will pay taxes. This equates to around $100,000 per year. I would suggest that she makes nowhere near this amount. So we will have to produce receipts. As judge Connolly said "How do I know how much she makes?"
It has always been claimed that the board made a motion to pay Carol $250 for her time. However, in this memo, Carol points out that she "Charged Accordingly". This is the reason that we have minutes. Her statements are documented and approved by the board.
The memo also noted that the Judge requires the association to "transfer" the $250 paid to Carol. According to the verdict, Judge Connolly is requiring that RV3 RETURN the money.
Have a happy Thanksgiving.
