I was a little late getting to the meeting. When I walked in, Gene Sullivan was in the process of elegantly chewing out the board. The flavor of his discussion was that the board are viewed as acting out of emotion, have lack of communication with members. There is a general perception that they lack fairness. He wants the board to start listening and have compromise in mind.
He wants the board to start having dialog with members. He told the board members that they view Mr. Williams as an agitator and that Mr. Williams feels like David trying to fight Goliath. This is the point where George in true form leaned back in his chair and laughed.
Gene Sullivan also said that the board needs to re-think the possibility of signing up a group of landlords, home owners etc and forming an entity. I'm not sure what the objective would be since the board has learned the hard way that they have to follow the rules.
They are not "in charge", they are "in place" to implement our covenants.
Gene Sullivan, waived his charges of $120 per hour for court appearance and eluded that the charges were not discussed. I believe that Terry is the one who told us that $120 per hour is the charge. In fact, previous postings on this blog spot discusses the subject. Of course, Gene charging $120 per hour to lose a law suit does send an interesting message. I think he has done the right thing. He also handed a check to me for my court costs.
He told the board that the Judge agreed with the weeds fine. However, this is incorrect. I have attached the relevant conclusion which indicates that I did not prove that RV3 violated statute 515B 1-112.
RV3 Court 2 Conclusion.jpg
This is because unfortunately, I picked the wrong state statute which has nothing to do with charges without actual cost.
The big win of course is that now the board has to get $250 back into the maintenance fund. It is illegal for board members to be compensated as stated in the rules. I don't know how they will achieve getting the money back in but I will be gaining the information soon.
The news letter has been written. Carol took over the writing. She has started off explaining away her payment of $250.00. Still in her whipping mode, it looks to me like she feels the need to CYA by writing an explanation regarding her second loss in court. She has also decided that delinquencies are going into the newsletter. Not only are they going to foreclosures (Per Paul Bozoni) after 90 days delinquency, but they will intimidate the culprits. I will be looking carefully at this. I think it is wrong and I will be looking at the law. John Rettger asked if we should be calling these people to try to understand their dilemma and the board told John that they would be breaking all kinds of harassment laws (Al Dittbrenner).
I do agree that initiation of foreclosures on aged delinquencies is the only method to fix the problems. We do need more money and we are increasing the association fees AND we have thousands of dollars hanging out there not paid. The association has a duty to paying members to make sure they collect fees rather than simply raising the fees.
We'll keep you posted.