What do they have to hide from all of you homeowners?
Yes folks, tonight the meeting is secret. 2 homeowners were present, They had to leave. I suppose that the secret meeting was probably something to do with either one of those homeowners. I just realized.... It's me!. Yes, they are discussing the up coming law suit and how they will handle it. They are also discussing how they are going to handle me in the future because this is really wearing them down. I keep applying pressure and they don't like it.
Anyway here are the highlights for the 10 minutes worth of homeowner input:
Funds have been allocated for the year and they are apparently over budget. Poor money management? I suppose. No need to go to any more meetings regarding repairs because your request may be denied since they have no money. They will argue the expense of the blacktop and roof repairs and I will argue lack of foresight from the past. This has all happened on Carols watch.
Al Dittbrenner had his garage door and light repaired and wanted reimbursement. I suppose that's OK but then he requested money for the electricity that the workers used. They spent 5 whole minutes on this. They had no idea how to figure out how much electricity costs. This is a subject that they all should know. Have they never looked at an electric utility bill and tried to figure it out?
Our management company representative said that they should get the Electric bills for the month before and pay the difference. Won't that be a surprise if the last months bill is actually higher! Does that mean he owes us money?
They wanted to pay him $25.00!
Thank you George for suggesting that we find out how much money was spent before actually paying the bill.
For those of us who are interested in continuous improvement, here is how electricity figures:
Electricity in the State of Minnesota costs 9.15 cents per killowatt hour. Thats 9.15 cents per hour to run a quantity of ten - 100watt light bulbs. Your off peak charges are 3.95 cents.
So, if a drill was used we have to know the power a drill consumes. This is 850 watts or .8KW. So in order to run the drill for 1 hour, you would need to pay .85 x 9.15c = 7.7 cents.
Lets make this clear, in order to spend $25.00 on a drill, you would need to run it continuously for 13 days for the 24 hours each day. Since workers only put in 8 hours, that means that the drill needs to be on for 40 days including weekends.
Come on Al! get real. $25.00 is half of your electric bill man. Don't accept it! you won't feel right!
Monday, September 25, 2006
Saturday, September 09, 2006
The Court Date Is Set
Tuesday October 10th is the date for our court case. By now both Al Dittbrenner and Carol Ebsen have the summons to court.
You would think that they would simply return the weeds fine since the court cost to the association will be large. I did send a warning shot across the bow and let them know that this was pending but they took no action.
The arrogance persists.
You would think that they would simply return the weeds fine since the court cost to the association will be large. I did send a warning shot across the bow and let them know that this was pending but they took no action.
The arrogance persists.
Thursday, September 07, 2006
Next court action is now pending
I filed for court action today against Riverview third. This after they spent a whopping 6 seconds on my request to refund $25.00 for weeds. Thanks to George who actually reminded the board that they needed to make a decision and discuss my question. Obviously, the last law suit was not incentive enough for them to sit down and start listening to complaints.
Also sited in the suit is Carols $250 charge for her day in court. I have requested that this be returned to the general maintenance fund where is came from.
We should get a court date in about 2 weeks.
See yall there.
Also sited in the suit is Carols $250 charge for her day in court. I have requested that this be returned to the general maintenance fund where is came from.
We should get a court date in about 2 weeks.
See yall there.
Saturday, September 02, 2006
Board May Approach Helmuth & Johnson to Get Money Back
Our incompetant board hired Helmuth and Johnson to put liens on properties. This is typically done when situations get very bad. In our case, we do it because Al Ditbrenner wants to get home and simply lien everyone. It is also due to the fact that dominant board members don’t know what they are doing.
Helmuth and Johnson do not care if the Association is acting outside of the law because the concequences are the concern of the association and not the Law Firm. So, the money won't be coming back.
One day, some of the board members (they know who they are) will step back and realize that people simply dislike them because of their incompetance and power hungry ways.
Thursday, August 31, 2006
More huge costs for RV3 Association
Yes folks. The lack of reason and empathetic listening is costing Riverview Third thousands of dollars. This leads me to believe that we may be at the critical point where incompetant board members will be let go. Here is the latest blunder which has cost a fortune:
Just got off the phone with my attorney. The good guys win again.
My story is this. Last August I was presented with a bill from the association for $400. This included 3 fines for police calls in July, 1 fine for littering, and 2 fines for damage to the siding and the $250 charge for driveway damage.. Upon checking with the police, I discovered that there were no police calls for July. I then sent the association a letter stating that based upon a lack of evidence for the police calls, no repair on the driveway, and no evidence that my tenants had damaged the siding or littered I would not be paying the money. The letter I got back stated that the charges stood and that the board would file a lien against the property if I refused to pay. Several letters were exchanged over the next few months and the late fees piled up. In January, the rental charge hit and I refused to pay that. In April, the board sold my debt to a lien company. Besides paying the $600+ that the board alleged I owed, the lien company also prepaid my monthly assessments through the year and tacked these onto the amount I was said to have owed. I received a letter from the lien company demanding payment of approximately$2200. I ignored the letter, waiting for them to take me to court. Early this month I received a letter from Helmuth and Johnson (attorneys for the lien company) informing me that I now owed around $3500 and that my property would be sold at a sheriff's sale on September 6th. That's what I was waiting for. I contacted my attorney, gave him my documentation, and let him go to work. The result is that all action has been dropped against me. Helmuth and Johnson has decided that there was no basis for any of the charges and has recommended that the lien company go back to the board and attempt to collect from the association. This decision is important because besides representing the lien company, Helmuth and Johnson has also represented the association in the past.
The upshot of this is that two law firms on opposite sides of the fence have now reviewed the declaration, bylaws, rules, and the small claims court verdict and agreed that the board's use of fines is not acceptable. We should be confident that any action any of us take in court against the board will be upheld.
My next step is to request that the board reimburse me for my attorney's fees. Since the board's fraudulent actions (the attorney's language) caused me to hire an attorney to defend myself, they are at fault for the damages. If the board refuses to pay, I'll be glad to see them in court.
Len Lorence
Tuesday, August 29, 2006
August 28th 2006 Muting
Where to start:
One of the board members wanted stairs on the deck. That flew through just fine.
Board members want to get house numbers installed on the rear of the homes. The only reason for this is so they don’t have to run around the front of the home to get the house number when they find weeds or dog poop.
Board decided to halt late fees for one particular homeowner who owes lots of money. The premise here is that if he keeps up with an extra $100 per month to get caught up, they will waive the late fees. George opposed this.
The city of
One member (Gloria) has internal damage (due to water penetration via the roof and siding) and the association told her that even though the damage may have been caused by bad workmanship on roofing or siding, she is responsible for getting insurance to cover the inside of the home. What they fail to realize is that poor workmanship can be litigated and if the cause of the internal damage is due to outside work, the court will find in favor of the plaintiff.
Riverview 4th wants to meet with Carol. Carol said that she had some email communications regarding this. She has had other email communications regarding RV3 issues. This is the same person that told me (yes I have it in writing) that her email was for her work and she did not use email for RV3. Do we have a liar on the board or am I missing something?
Lots of discussions regarding using homeowners for deputy style reporters. Yes folks, they want to use neighbors for the dirty work. Imagine the fun that’s going to be. John Rettger was obviously against this. He explained that having neighbors report on neighbors was not right.. Al Dittbrenner also agreed that this would not be a good idea.
Anyway, besides this they already have whining neighbors at the meetings complaining about dog poop. Get real people, dog poop on your neigbors ground doesn’t prove your neighbors dog actually had a bowel movement there. I can’t wait for that argument.
I spoke at the meeting regarding a $25 fine I had received last year for weeds. I had to remove the weeds AND pay the fine. Here is the argument: John Rettger was fined for a driveway issue. 2 months ago, the board members voted to return the money because no service was provided. I think that was a good decision. However, I see no difference between a fine for driveways and a fine for weeds. In both cases, no service is performed. According to the last RV3 litigation conclusion,
CHIN v.
Carol said that they would discuss this at the end of the meeting. Of course the meeting almost adjourned when George said that they owe a discussion on my question. Al Dittbrenner simply overpowered and said “we already discussed this. Nothing more to talk about. These fines have been ok for the last 30 years”
OK like that constitutes correctness. Due to the lack of capacity to communicate or listen to RV3 members such as me, I have decided to file at Anoka County Court House. I will be inviting Al and Carol to the court discussion. Filing fees plus Weed fees will cost the association $85 and Carols time, and Al’s time will cost $500 (we already set precedence on that) and this time, since people get paid for court, I will be asking for $250 also.
Total association cost for lack of empathetic listening skills = $835.00 if I win and $500 if I lose.
I guess the weeds fine will cost the association a lot of money either way.
Friday, August 11, 2006
The Process Is Complete
Checks were sent out and to recap here is how the process progressed:
Management company pushes board towards control of rental property
Board decides on illegal extra charges for landlords
Landlords group points out the inconsistency with the covenants
Board members and group argue for 10 months due to disagreement
Landlords warn of pending law suit
Management company realizes they bit off to much to chew.
Management company account manager gets fired due to lack of ability
Landlords takes Riverview to court and wins law suit.
Board pays non-compensated board member using association funds
Law suit indicates other possible illegal activities.
Board members return funds to landlords equating to illegal charges.
Board members learn a lesson? Maybe.
Board members realize they have zero power over the covenants and must abide by the covenants
Some board members retire based on too much stress
Board starts slow process of learning to communicate and extinguishing the power trip
Management company showing signs of weakness
Management company gets a little more aggressive towards board and starts directing them
See everyone at the next meeting.
Management company pushes board towards control of rental property
Board decides on illegal extra charges for landlords
Landlords group points out the inconsistency with the covenants
Board members and group argue for 10 months due to disagreement
Landlords warn of pending law suit
Management company realizes they bit off to much to chew.
Management company account manager gets fired due to lack of ability
Landlords takes Riverview to court and wins law suit.
Board pays non-compensated board member using association funds
Law suit indicates other possible illegal activities.
Board members return funds to landlords equating to illegal charges.
Board members learn a lesson? Maybe.
Board members realize they have zero power over the covenants and must abide by the covenants
Some board members retire based on too much stress
Board starts slow process of learning to communicate and extinguishing the power trip
Management company showing signs of weakness
Management company gets a little more aggressive towards board and starts directing them
See everyone at the next meeting.
Sunday, August 06, 2006
Lack of Urgency
I'm hoping that the management company cuts checks soon. They are overdue returning illegal funds by 6 weeks. When they get non-payment by a Riverview Third member, they charge an APR rate of around 154 percent.
We will soon get into an interest charge argument (discussions are not possible with these people) led by me. The board will argue "we only voted to give the money back at the last meeting". Guess what, your vote does not count. The law instructed you to return illegal funds and gave you a date of July 5th to appeal. It is now August 6th with no action.
This is what I call lack of focus, lack of urgency, poorly run management company, and certainly poorly run board system. I have noticed however that the urgency of the board changes when payment to board members is involved. This association HAS to be the most difficult account f0r New Concepts Management Company. They should raise their rates and change the name to "Old Concepts Management Company" I don't experience ANYTHING that this management company does that is "NEW".
The only thing they seem to use the computers for is billing, accounting and email. God forbid they should contemplate a "new concept" like internet hosting so members can opt out of the US mail system.
Of course, the internet solution allows an association to run their own business without a management company so thats kind of scary. Someone should really check out various options such as:
www.internet4associations.com
We will soon get into an interest charge argument (discussions are not possible with these people) led by me. The board will argue "we only voted to give the money back at the last meeting". Guess what, your vote does not count. The law instructed you to return illegal funds and gave you a date of July 5th to appeal. It is now August 6th with no action.
This is what I call lack of focus, lack of urgency, poorly run management company, and certainly poorly run board system. I have noticed however that the urgency of the board changes when payment to board members is involved. This association HAS to be the most difficult account f0r New Concepts Management Company. They should raise their rates and change the name to "Old Concepts Management Company" I don't experience ANYTHING that this management company does that is "NEW".
The only thing they seem to use the computers for is billing, accounting and email. God forbid they should contemplate a "new concept" like internet hosting so members can opt out of the US mail system.
Of course, the internet solution allows an association to run their own business without a management company so thats kind of scary. Someone should really check out various options such as:
www.internet4associations.com
Monday, July 24, 2006
Look Ma! No Hands!
Sorry I didn't make it to the meeting. I decided to watch my son pitch strikes to everyone in the game tonight. Not many human beings take time out to better themselves or try to figure out how to make things better. My boy has a passion for his sport and excels at it. I think we may have a few board members pondering the idea that things could be better.
The reason that this is entitled "Look Ma! No Hands" is because of the notion that there may be a better way to ride a bike or run an association. I have posted the July newsletter for download from this website. Click here >>> July newsletter
About one trillion people can access this for free. We decide however to print it and mail it.
Just think, for a small investment, Riverview third could install both cable and internet with a deal from Comcast which would create a very positive thumbs up from the worn out residents. The internet can be used for everything that the management is currently doing. Mind you, only forward looking people with insight could agree. Instead, the nay sayers will talk about people who don't have internet. The same nay sayers that decided that more police calls were to rentals. I wonder how many people at Riverview really have internet? Certainly the complaints regarding this blog came from internet users.
I'm convinced that the reason we die is to prevent the old habits lingering on. We need to get the old habits on the board to move aside and let the fresh new thinkers move the association ahead. The old habits are costing us money. It's also about time that management companies looked outside the box and started to think internet. If Wells Fargo can do it, so can we. If your mortgage company can do it, so can we. When newer management companies come knocking with new technology, the lower level management companies will be forced to move aside. Not to worry though old habits die hard and before we know it, we will have 2 board members who have served for over 15 years. They should keep the lower quality management companies thriving.
Happy Global Warming
The reason that this is entitled "Look Ma! No Hands" is because of the notion that there may be a better way to ride a bike or run an association. I have posted the July newsletter for download from this website. Click here >>> July newsletter
About one trillion people can access this for free. We decide however to print it and mail it.
Just think, for a small investment, Riverview third could install both cable and internet with a deal from Comcast which would create a very positive thumbs up from the worn out residents. The internet can be used for everything that the management is currently doing. Mind you, only forward looking people with insight could agree. Instead, the nay sayers will talk about people who don't have internet. The same nay sayers that decided that more police calls were to rentals. I wonder how many people at Riverview really have internet? Certainly the complaints regarding this blog came from internet users.
I'm convinced that the reason we die is to prevent the old habits lingering on. We need to get the old habits on the board to move aside and let the fresh new thinkers move the association ahead. The old habits are costing us money. It's also about time that management companies looked outside the box and started to think internet. If Wells Fargo can do it, so can we. If your mortgage company can do it, so can we. When newer management companies come knocking with new technology, the lower level management companies will be forced to move aside. Not to worry though old habits die hard and before we know it, we will have 2 board members who have served for over 15 years. They should keep the lower quality management companies thriving.
Happy Global Warming
Tuesday, July 18, 2006
What a breath of fresh air!
I've never really wanted to look at the newsletter in the past. Really, it just depressed me because of the consequential fines information and general oppressive print.
I just read the News letter dated July2006. Nice job, well written and quite frankly, a document that will allow people to sleep with a smile on their face. This is perfect. Allowing people to plant flower beds and take care of a trophy asset gives way to pride and ownership.
We can all learn lessons from this class communications vehicle......
It's about 4:30 p.m. right now and I will pinch myself around 6:00 p.m. just in case I'm dreaming. I might even frame the newsletter.
I just read the News letter dated July2006. Nice job, well written and quite frankly, a document that will allow people to sleep with a smile on their face. This is perfect. Allowing people to plant flower beds and take care of a trophy asset gives way to pride and ownership.
We can all learn lessons from this class communications vehicle......
It's about 4:30 p.m. right now and I will pinch myself around 6:00 p.m. just in case I'm dreaming. I might even frame the newsletter.
Wednesday, July 12, 2006
Being a board member pays big dividends
Per communications with Mnagement:
Regarding Carol's $250 for court. This is what Carol felt her time in court was worth and the Board agreed. As the management company we could have charged $120 an hour for my presence as it is outside the management contract. I however did not charge the association for this one court appearance.
So it would seem that the figure of $250 was what Carol "felt" her time was worth. This still rubs against the grain since according to the rules, members are not compensated. At least they quit arguing, they finally answered the question. I wonder how much money was given to Carol in 2005 for her time spent on Riverview Third? We will have to find out if there were any other payments made to Carol for her time.
I hope you all feel good that money you pay for association fees are used for what someone thinks they are worth. This is terrible.
So they charge unreasonable fees outside of covenant rule, they make up their own rules regarding charges for specific groups and finally, they have nothing to worry about since any court action will give them a bonus of whatever they feel like.
Something stinks and I'm going to sniff it out.
AS far as the management charging $120 per hour. I understand the rate, but why would they volunteer to appear at court since they are not lawyers and according to the last court visit, they knew not how to handle rental policies nor did they know how to pick lawyers who could write legal documentation that can hold up in court.
I also understand according to St. Paul Pioneer Express, that New Concepts Management have written some articles for magazines, and I have studied the New Concepts Web Site. Apparently, rental management is a core competance. Oops!
Regarding Carol's $250 for court. This is what Carol felt her time in court was worth and the Board agreed. As the management company we could have charged $120 an hour for my presence as it is outside the management contract. I however did not charge the association for this one court appearance.
So it would seem that the figure of $250 was what Carol "felt" her time was worth. This still rubs against the grain since according to the rules, members are not compensated. At least they quit arguing, they finally answered the question. I wonder how much money was given to Carol in 2005 for her time spent on Riverview Third? We will have to find out if there were any other payments made to Carol for her time.
I hope you all feel good that money you pay for association fees are used for what someone thinks they are worth. This is terrible.
So they charge unreasonable fees outside of covenant rule, they make up their own rules regarding charges for specific groups and finally, they have nothing to worry about since any court action will give them a bonus of whatever they feel like.
Something stinks and I'm going to sniff it out.
AS far as the management charging $120 per hour. I understand the rate, but why would they volunteer to appear at court since they are not lawyers and according to the last court visit, they knew not how to handle rental policies nor did they know how to pick lawyers who could write legal documentation that can hold up in court.
I also understand according to St. Paul Pioneer Express, that New Concepts Management have written some articles for magazines, and I have studied the New Concepts Web Site. Apparently, rental management is a core competance. Oops!
Tuesday, July 11, 2006
The busy world of management
Here we are into week three after asking the question "please provide me with justification for paying $250 for Carol's time. The management company has explained to me that they are too busy to deal with this and have other important issues to deal with. I kinda wonder about that when I find out that the management company are spending time sending emails to other members and asking them to contact me because I'm getting out of line. The suggestion was that this blog has half truthes. Interesting that they send emails behind my back but don't bother to point out any half truthes to me so they can be fixed. The fact is. All items on this blog are the truth. Any opinions are mine built with input from Meetings with the board, neighbor discussions and experiences.
I have a great idea: Why not simply answer the question and then you won't have to spend any more time on this.
I can help. There are only 3 answers to the question. Any one will work for me. Here they are:
1. We don't have an answer really. The board just picked a number out of the air and there it was.
2. We do have an answer. Carols time off work cost her about $230.00 for the day and the rest is for expenses such as mileage etc.
3. We are not going to answer the question.
Above all, the management company needs to understand that a members questions are supposed to be answered. That happens to be state law. These questions are taking the same path as last time. In that case, it took about 4 months to get answers. The answers were really not satisfactory. Of course when one is trying to dodge an issue, one tends to dodge the questions. I understand that.
Regarding time spend on associations, maybe our management company has too many accounts. I wonder if anyone on the board ever asked the question: "how many accounts do you take care of?", or "how many hours do you spend on our account?".
The management suggests that in order to make change, one should run for a position on the board. Oh really, That seems to suggest that while the current members are on the board, there will be no change. I do tend to agree with that but the problem with working for the "board" is that one puts oneself in a poison pot. Who would want to do that. I would suggest that the board members who have served too long remove themselves from the positions and open up the seats. People will be more inclined to volunteer when that happens. These particular incumbent board members are the cause of lost law suits, arguments, yelling matches and general unrest in the community.
A quick chat with a previous board member said it all "I had to get out. It was driving me nuts"
I have a great idea: Why not simply answer the question and then you won't have to spend any more time on this.
I can help. There are only 3 answers to the question. Any one will work for me. Here they are:
1. We don't have an answer really. The board just picked a number out of the air and there it was.
2. We do have an answer. Carols time off work cost her about $230.00 for the day and the rest is for expenses such as mileage etc.
3. We are not going to answer the question.
Above all, the management company needs to understand that a members questions are supposed to be answered. That happens to be state law. These questions are taking the same path as last time. In that case, it took about 4 months to get answers. The answers were really not satisfactory. Of course when one is trying to dodge an issue, one tends to dodge the questions. I understand that.
Regarding time spend on associations, maybe our management company has too many accounts. I wonder if anyone on the board ever asked the question: "how many accounts do you take care of?", or "how many hours do you spend on our account?".
The management suggests that in order to make change, one should run for a position on the board. Oh really, That seems to suggest that while the current members are on the board, there will be no change. I do tend to agree with that but the problem with working for the "board" is that one puts oneself in a poison pot. Who would want to do that. I would suggest that the board members who have served too long remove themselves from the positions and open up the seats. People will be more inclined to volunteer when that happens. These particular incumbent board members are the cause of lost law suits, arguments, yelling matches and general unrest in the community.
A quick chat with a previous board member said it all "I had to get out. It was driving me nuts"
Monday, July 10, 2006
Fix the half truthes in this blog.
It has been pointed out to me that the monthly fee of $149 I site is a half truth. The real number should be $159.54 to be precise. This also affects the rate at which River view charges. Since the $20 fee's are charged ($240/year), that does not equate to 165 percent as I have half truthed. It turns out that the rate is 150.43 percent. I was apparently off by 14 percent and some change. I would hope that the focus should be on the huge rate that is charged by RV3.
In terms of half truth, really it was 85 percent truth since I was off by about 15 percent. The numbers were approximate and served to highlight extortion. I have now clarified that the extortion remains and the numbers are correct to within 2 decimal places.
Another half truth to clear up. The next meeting is on the 24th of this month. NOT the last Monday of the month.
Keep me posted with incorrect items on the blog. In want to make sure that everything is correct.
In terms of half truth, really it was 85 percent truth since I was off by about 15 percent. The numbers were approximate and served to highlight extortion. I have now clarified that the extortion remains and the numbers are correct to within 2 decimal places.
Another half truth to clear up. The next meeting is on the 24th of this month. NOT the last Monday of the month.
Keep me posted with incorrect items on the blog. In want to make sure that everything is correct.
Sunday, July 09, 2006
St Paul Pioneer Express reports "Battle Lines Drawn
http://www.twincities.com/mld/twincities/business/14990811.htm
They don't know what we know. Soon They will be aware of the law.
They don't know what we know. Soon They will be aware of the law.
Saturday, July 08, 2006
The Abusive Power Continues
When you don't pay your association fees, there needs to be a consequence. If you read the covenants,
Why would Wells charge you 6% for $150,000 loan and Riverview charge 165% for 150 bucks? No one has ever explained to the board that this is wrong. Excuse me, if they did, the board took no notice.
The practice of charging you a fee for [say driveway] problems, and not performing the repairs is illegal and against the covenants. Don't pay them. The worst that can happen is that you have to spend $60 to file suit inAnoka
It's time for some board members to take a rest from their duties and let some fresh open minded people take over the privileged duties of serving. We have people on the board that have served through almost 12 years. One in particular has been there since Moby Dick was a minnow.
I know how I'm viewed. I'm "lawsuit" guy but I was correct and the abuse has to stop. In fact you would all be well served if I was on the board. Honesty, Integrity and concern for the rules would be the focal points. I don't like to see people abused. I spent my time and effort for a $210 court case. I don't need the money. I wanted the abuse to stop. This has been instrumental in making the board sit up and think. They still don't know what to do and they simply wish I would go away so they could be comfortable again.
I'm not going away and while I have 2 eyes, at least one of them will be focused on Riverview.
I will report on the next meeting which will be held on Monday July 31st. At least the knowledge of my reporting will enable the members to think before getting into a whip cracking session.
Declaration of Covenants.pdf (CLICK HERE TO DOWNLOAD)the consequence is that you are charged 6 percent per year. That turns out to be 1/2 of a percent per month. In our case, since we pay $149, you should be charged about 74 cents per month. Our association charges you $20 per month. This is 165 percent per year. People have gone to jail for less extortion than that. In fact, I think Wells Fargo would be shut down for those rates. The reason they [Banks] don't charge those rates is because of the law.
Why would Wells charge you 6% for $150,000 loan and Riverview charge 165% for 150 bucks? No one has ever explained to the board that this is wrong. Excuse me, if they did, the board took no notice.
The practice of charging you a fee for [say driveway] problems, and not performing the repairs is illegal and against the covenants. Don't pay them. The worst that can happen is that you have to spend $60 to file suit in
It's time for some board members to take a rest from their duties and let some fresh open minded people take over the privileged duties of serving. We have people on the board that have served through almost 12 years. One in particular has been there since Moby Dick was a minnow.
I know how I'm viewed. I'm "lawsuit" guy but I was correct and the abuse has to stop. In fact you would all be well served if I was on the board. Honesty, Integrity and concern for the rules would be the focal points. I don't like to see people abused. I spent my time and effort for a $210 court case. I don't need the money. I wanted the abuse to stop. This has been instrumental in making the board sit up and think. They still don't know what to do and they simply wish I would go away so they could be comfortable again.
I'm not going away and while I have 2 eyes, at least one of them will be focused on Riverview.
I will report on the next meeting which will be held on Monday July 31st. At least the knowledge of my reporting will enable the members to think before getting into a whip cracking session.
Saturday, July 01, 2006
The British are coming, the British are coming
This 4th of July, I will probably celebrate independence from the British more that anyone else. It's good to be in a country where you are free from excessive taxes, rationed health care (1 million on the waiting list to get into hospital), and general oppressive government. It was pure chance when I called the Coon Rapids Herald that I spoke with a chap by the name of Peter Bogley. Peter is an English guy who takes care of stories in the Herald. He understands the court case and will publish the story. He will talk to the president of Riverview Third to get that side of the story.
I'm thinking that the president will think it's a joke. Just imagine, she answers the phone and an English guy starts talking to her. She might think it's me or she might think it's a joke. If not, the chances are the president will have no comment or have some kind of foot in mouth disease. It's sad really. The board would spend way less time on this stuff by having a helping attitude. Instead, they hide, fight and tell you to quit sending emails.
There have been 38 downloads of the Conclusion.pdf This is the court legal analysis, and there have been 96 server requests from http://www.rv3.blogspot.com/
I talked to the Herald becauseI think I would like all town home associations to be aware that they are operating outside of the law if they are charging extra fees to a specific group of people. They all need a uniform playing field.
Here is a daring challenge to the board: Come to the table and let me know what you are trying to achieve. I'm still confused and don't know. My assumption has been that you were trying to limit rental properties all together. If that's the case, I can't help, it's illegal.
If you had something else in mind, feel free to post a note on this site so everyone can understand what you are up to. I know that you had discussions regarding getting a group of people together to take care of rentals but when it comes down to it, what you really need is a group of people who can take care of the association since more police calls are reported for owner occupied buildings than rentals. This makes sense since there are 136 owner occupied properties and 12 rentals. The police report we presented to you last year clearly indicates this.
I do believe however, that there is a method for control of rental property. That involves cooperation by all landlords. Here are the items that should be common for all landlords:
1. screening process. Yes there is a method to make sure that your tenant is going to be a good tenant. Which landlord would not like that?
2. Lease format. They should all be the same. This is a contract and it needs to protect the tenant AND the landlord AND the association. The standard MN lease is not enough.
3. Procedure to deal with issues. This would have management involvement and would be required. Its way easier for a landlord to approach a tenant and let them know that they are forced into dealing with this and warn since the management requires action.
4. Rent increases. These are discussed up front and expose the required association increases. This alerts the tenant that there are other people with common interests in the community.
In order to achieve these (and some others), the covenants would need to be changed with a majority vote since the covenants do not tie landlords together. Each landlord has his own rights which equal everyone else’s rights.
Happy July 4th
Friday, June 30, 2006
Charges based on guestimates? GET A RECEIPT!
I have been to a few meetings and experienced board members charging for oil spills on the driveway. Of course the owner claims "someone else did it" and the board maintains "you are responsible". I experienced in one case $250 charged because apparently a square was cut out and black top replaced. In a few instances, the work was actually not performed with the caveate that the work would be performed at a later date maybe when the weather was more cooperative. According to the covenants [Article V exterior maintenance], this is not the method that should be used. Here is the text in the covenants:
In the event that the need for maintenance or repair is caused through willful or neglegent act of the owner, his family, or guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such lot is subject.
At this point, there is no cost. They have no receipt and as such, they can't charge. Charges without services are illegal. If you have had this situation, I would suggest you discuss this with your board members. I'm sure they will be glad to understand that their activity is questionable.
Besides this, the driveways are old and decrepid anyway and the association will be required to replace them in the near future. What is the sense in charging for a patch?
When board members operate outside of the covenants, the property owner is not liable at all. That's the law! That is supposed to be the leverage that forces the board to operate within the covenants. Unfortunately, no one has challenged them to this point.
If they charge you without justification, ask for your money back. If they don't respond, take them to Anoka County Court house. If you want some advice, give me a call.
Remember this: The covenant document is a legally binding contract between the association and the member. The board members have NO control over the covenants. They are supposed to make sure that the covenants are adhered to.
In the event that the need for maintenance or repair is caused through willful or neglegent act of the owner, his family, or guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such lot is subject.
At this point, there is no cost. They have no receipt and as such, they can't charge. Charges without services are illegal. If you have had this situation, I would suggest you discuss this with your board members. I'm sure they will be glad to understand that their activity is questionable.
Besides this, the driveways are old and decrepid anyway and the association will be required to replace them in the near future. What is the sense in charging for a patch?
When board members operate outside of the covenants, the property owner is not liable at all. That's the law! That is supposed to be the leverage that forces the board to operate within the covenants. Unfortunately, no one has challenged them to this point.
If they charge you without justification, ask for your money back. If they don't respond, take them to Anoka County Court house. If you want some advice, give me a call.
Remember this: The covenant document is a legally binding contract between the association and the member. The board members have NO control over the covenants. They are supposed to make sure that the covenants are adhered to.
Monday, June 26, 2006
The hot heads meet. June 26th 2006
What? No eye contact from the board members? Where they embarrased because they lost in court? I'm not sure. They didn't seem to be happy but then again, what's new. They always seem to have a have a fight on their hands. Even when I'm not there.
A question was asked about Patio Concrete. Neither the management company or board members knew who was responsible. I guess after being on the board for 10+ years, one should know. This, like many other items was addressed by the president by saying "we have not paid for these in the past".
No efforts will be put into this. When we won the court case, it fundamentally exposed the board members lack of knowledge when it comes to the covenants. You should all hear this loud and clear "READ THE COVENANTS"! You are not there to change the rules on the fly. I will be the first to praise competant board members who have a passion for what is right.
We got to my part of the agenda. What fun. They discussed the fact that the lawyers were experts in the area of town house associations. Since they got their butts kicked in court, I took that as a complement. George was a little upset since it was him who pointed it out. He hates it when I'm right. Carol had previously told me in an email that "only items on the agenda" would be covered. However she went off into a tangent regarding emails to her from me and blog spots and blah blah blah. I simply told her that since these items were not on the agenda, we should not talk about them. See the same rules should apply to all parties.
Carol mentioned her loss in court. She is confused. She thinks that she was taken to court. Not so. Read the conclusion from the court analysis and it is clear that Riverview Third Association were sued. She may want people to believe that she was personally sued for some reason. Here is how the notice of judgement reads:
downloaded covenants here: Declaration of Covenants.pdf
Carol mentioned that someone came out of court happy (that be me folks) and someone would come out not so happy (that be Carol folks). She said it was like a divorce. Yes, she really did say that. I'm not familiar with that so I can't comment.
Regarding another issue of a broken window in the meeting shed. I will note that Al chuckled and said from the side of his mouth "That was probably a renter" How irresponsible is that? I pointed a finger at him and said "You sir are the fundamental problem". He is predjudice against renters. This is what everything is about. I believe that they want rid of renters. I believe that their efforts to charge illegal fees was an effort to get rid of rentals. This person is serving you all. Way to go Al! Show your true colors. I love it.
They don't like this blog spot because it exposes them to the world. Something they don't want. I believe that the 3 people in the audience who told the board members how well they are doing, were planted. The president even handed a speech for one of them to read. How weak is that?
It's my opinion that if they operate outside the law, they are not doing a good job. When they operate with emotions and hatred for homeowners, they are not doing a good job.
They are going to wait until the last minute to decide if they will appeal the ruling. I have a bet. I bet they don't. I wish they would but there are too many items from the legal analysis which comes down like a hammer on their "rules". Well see.
There is an amazing amount of Community interest in this case. I do believe I have created history in Minnesota. Pretty soon, all townhome associations will be changing the "rules". Remember, the lawyers wrote the rules based on what other associations are doing (and a few magazine articles). Expose one, expose all.
A last note for management companies: You need to be up on the law. Your business needs to view situations with a keen eye. You need to put board members in place when they step out of line. Anyone with just a little sense could have seen this court case ending up as a ruling for the plaintiff. We tried as hard as we could to convey this to the board but we were belittled, screamed at and dismissed. If I was a management company (yes I have the capacity). I would fire Riverview Third and tell them to go elsewhere for help.
When it looked like I made too much sense, they told me I was out of order and asked me to leave. I would normally fight such a question but you know what? I was glad to leave. I can only take so much of their lack of ability to handle people. I believe them to be highly emotional and totally unprofessional.
Tally the cost?
Carol charges $250 for her day in court. Page 19 of the rules and regulations which were developed by Carol et al states "MEMBERS OF THE BOARD SERVE WITHOUT COMPENSATION"
I guess the rules don't apply to Carol. The management company needs to discuss this with Carol. There are NO receipts or justifications for $250.00. THIS WILL END UP IN COURT VERY SOON. Yes, this time it will be Carol in court on a personal basis. There will be no communication regarding this as requested by Carol. The summons will arrive. There will be court costs for this also. This time, I will be charging for my time and I CAN justify $58.00 per hour.
I don't mind charges for lunch, mileage and obvious costs. but $250 bucks? I think she spent 6 hours in court. That is about $42.00 per hour. (87 grand per year. Give me a break)
Lawyer fees for the "Document" $750.00
Court costs $120.00
Total $1120.00 paid for by home owners of which, I am one.
Next month should be very interesting. MY adjenda is full of effort for Riverview.
See yall soon
PS: I promise, if there is anything on this blog that is not the truth, I will remove it. I want to make sure that my core competence is honesty and integrity.
A question was asked about Patio Concrete. Neither the management company or board members knew who was responsible. I guess after being on the board for 10+ years, one should know. This, like many other items was addressed by the president by saying "we have not paid for these in the past".
No efforts will be put into this. When we won the court case, it fundamentally exposed the board members lack of knowledge when it comes to the covenants. You should all hear this loud and clear "READ THE COVENANTS"! You are not there to change the rules on the fly. I will be the first to praise competant board members who have a passion for what is right.
We got to my part of the agenda. What fun. They discussed the fact that the lawyers were experts in the area of town house associations. Since they got their butts kicked in court, I took that as a complement. George was a little upset since it was him who pointed it out. He hates it when I'm right. Carol had previously told me in an email that "only items on the agenda" would be covered. However she went off into a tangent regarding emails to her from me and blog spots and blah blah blah. I simply told her that since these items were not on the agenda, we should not talk about them. See the same rules should apply to all parties.
Carol mentioned her loss in court. She is confused. She thinks that she was taken to court. Not so. Read the conclusion from the court analysis and it is clear that Riverview Third Association were sued. She may want people to believe that she was personally sued for some reason. Here is how the notice of judgement reads:
State of Minnesota
County of Anoka
Plaintiff Alan Williams
10744 Yellow Pine Street NW
Coon Rapids, MN 55433
vs
Riverview 3rd Town House Assn
C/O Carol Ebsen + New Concepts Management Group Inc c/o Terry Pratt
12285 Drake Street
Coon Rapids, MN 55433
You can download the truth here: Conclusion.pdfCounty of Anoka
Plaintiff Alan Williams
10744 Yellow Pine Street NW
Coon Rapids, MN 55433
vs
Riverview 3rd Town House Assn
C/O Carol Ebsen + New Concepts Management Group Inc c/o Terry Pratt
12285 Drake Street
Coon Rapids, MN 55433
downloaded covenants here: Declaration of Covenants.pdf
Carol mentioned that someone came out of court happy (that be me folks) and someone would come out not so happy (that be Carol folks). She said it was like a divorce. Yes, she really did say that. I'm not familiar with that so I can't comment.
Regarding another issue of a broken window in the meeting shed. I will note that Al chuckled and said from the side of his mouth "That was probably a renter" How irresponsible is that? I pointed a finger at him and said "You sir are the fundamental problem". He is predjudice against renters. This is what everything is about. I believe that they want rid of renters. I believe that their efforts to charge illegal fees was an effort to get rid of rentals. This person is serving you all. Way to go Al! Show your true colors. I love it.
They don't like this blog spot because it exposes them to the world. Something they don't want. I believe that the 3 people in the audience who told the board members how well they are doing, were planted. The president even handed a speech for one of them to read. How weak is that?
It's my opinion that if they operate outside the law, they are not doing a good job. When they operate with emotions and hatred for homeowners, they are not doing a good job.
They are going to wait until the last minute to decide if they will appeal the ruling. I have a bet. I bet they don't. I wish they would but there are too many items from the legal analysis which comes down like a hammer on their "rules". Well see.
There is an amazing amount of Community interest in this case. I do believe I have created history in Minnesota. Pretty soon, all townhome associations will be changing the "rules". Remember, the lawyers wrote the rules based on what other associations are doing (and a few magazine articles). Expose one, expose all.
A last note for management companies: You need to be up on the law. Your business needs to view situations with a keen eye. You need to put board members in place when they step out of line. Anyone with just a little sense could have seen this court case ending up as a ruling for the plaintiff. We tried as hard as we could to convey this to the board but we were belittled, screamed at and dismissed. If I was a management company (yes I have the capacity). I would fire Riverview Third and tell them to go elsewhere for help.
When it looked like I made too much sense, they told me I was out of order and asked me to leave. I would normally fight such a question but you know what? I was glad to leave. I can only take so much of their lack of ability to handle people. I believe them to be highly emotional and totally unprofessional.
Tally the cost?
Carol charges $250 for her day in court. Page 19 of the rules and regulations which were developed by Carol et al states "MEMBERS OF THE BOARD SERVE WITHOUT COMPENSATION"
I guess the rules don't apply to Carol. The management company needs to discuss this with Carol. There are NO receipts or justifications for $250.00. THIS WILL END UP IN COURT VERY SOON. Yes, this time it will be Carol in court on a personal basis. There will be no communication regarding this as requested by Carol. The summons will arrive. There will be court costs for this also. This time, I will be charging for my time and I CAN justify $58.00 per hour.
I don't mind charges for lunch, mileage and obvious costs. but $250 bucks? I think she spent 6 hours in court. That is about $42.00 per hour. (87 grand per year. Give me a break)
Lawyer fees for the "Document" $750.00
Court costs $120.00
Total $1120.00 paid for by home owners of which, I am one.
Next month should be very interesting. MY adjenda is full of effort for Riverview.
See yall soon
PS: I promise, if there is anything on this blog that is not the truth, I will remove it. I want to make sure that my core competence is honesty and integrity.
Thursday, June 15, 2006
Nasty Reactions from The President
Carol
This is a classic example of your lack of pro active attitude when it comes to helping paying members of the association. It is combative and shows your lack of ability to deal with people. You display a clear difference between the little frail mouse I experienced in court.
Alan Williams
From: Carole [mailto:instantop@att.net]
Sent: Thursday, June 15, 2006 2:31 PM
To: Alan Williams
Cc: 'Al Dittbrenner'; 'Elaine Turner'; 'George Plew'; 'Mark Foresberg'; 'Marlene'; 'Terri Pratt'; denise@machineautomationproducts.net; 'Candice & Edward Girard'; 'Cheryl Schroder'; 'David & Lisa Zuk'; 'Elva'; 'Laurel & Linda Llange'; 'Leonard Lorence'; 'Patric Collins'; 'Phylis'; 'Stacey & Troy Gleason'
Subject: Re: Court case conclusion and next steps.
Mr. Williams and all other Land Lords that are not on the Board of
Directors!!!!
Take me off your email list. If you have things to say, put them in
writing and present them to the Management Company prior to the Board
meeting and they will be dispersed with the Board Packets before the
Board Meetings. And your items will be put on the Agenda.
Carole Ebsen
Riverview Third
Judgement in favor of the Plaintiffs
Case S2-06-255 and S5-06-265.
It really didn't take a rocket scientist to figure out that we were right and that the "lawyers" were wrong. You gotta fight for what's right. We did and we won. Riverview Third Townhouse Association is required to pay back monies charged to all landlords for the new rental license policies. They are discriminatory and against the Declarations and Covenants which were put in place when the property was developed. The aim of the board is to limit rental properties and in fact, as sited in the court documents, this is not lawful.
A few other items of interest should concern all members of Riverview Third Townhouse Association and will be addressed in the next meeting by all landlords. Here are the fundamentals which were outlined to the board members today June 15th 2006:
It really didn't take a rocket scientist to figure out that we were right and that the "lawyers" were wrong. You gotta fight for what's right. We did and we won. Riverview Third Townhouse Association is required to pay back monies charged to all landlords for the new rental license policies. They are discriminatory and against the Declarations and Covenants which were put in place when the property was developed. The aim of the board is to limit rental properties and in fact, as sited in the court documents, this is not lawful.
A few other items of interest should concern all members of Riverview Third Townhouse Association and will be addressed in the next meeting by all landlords. Here are the fundamentals which were outlined to the board members today June 15th 2006:
To:
Riverview Board Members C/O
New Concept Management Group, Inc
Subject Case S2-06-255 and S5-06-265
Date: June 15th 2006
You are probably aware at this time that you lost the court case and will be required to refund all monies charged in association with the new rental policy which was formulated by “the lawyers”’ the management company and the board.
At this time, I would like to point out that Riverview Third Association paid $750 to a firm that did not even read our Declarations or covenants and in fact based all work on what other associations are doing and various magazine articles. The decision from the court is stayed until July 6th so that the board can get “the lawyers” involved and possibly appeal the ruling. Based on the incompetence of the lawyers and the overwhelming detail supplied by the courts, I expect that the decision will be; not to appeal. The court is clear. Common interests are “INDIVISABLE” from an owners interest.
I have attached the court conclusion for your review. There are a few other items sited by the court which will force our next action items for Riverview Third Townhouse Association. All landlords will be at the next meeting to discuss the following items. I would remind you that the law requires answers to members questions and I list the items here so that you can be prepared.
- Charges to members with no services provided ref Chin v
- We will discuss various charges that have been applied where no association expenses have occurred. We will discuss the required changes.
- Charges for weeds etc where no service is performed.
- We will discuss various charges that have been applied where no association expenses have occurred. We will discuss the required changes.
- Fees paid to Carole Ebsen for her day in court. In this case, the board lost and in fact 4 other paying members of the association were present and won. Either we need to return the Carol Ebsen Charges or pay the members who were wrongfully treated. The board members serve on a voluntary basis and this has a legal standing. Again court action will decide if emotion takes over to the point where no one can make rational decisions.
- Review of procedure when hiring lawyers and a request to have charges returned to Riverview based on an incompetent lawyer firm. This is our money (not the boards) and we need to follow up on this.
- Review of the discrimination text which explains that the board has no power over an owner or his delegates (Tenants). In fact the text aims at associations where it is clear that they attempt to limit rentals by landlord manipulation. This is discriminatory because the declarations anticipate rental property.
- Case law that renders the annual charges invalid even in cases where proper procedures are followed. In other words a super majority vote does not allow the board to have discriminatory charges.
- Specific items (A broken gate on 12205 Drake) which are apparently not covered by the association. What outside items are covered and a request to pay for time spent on repairs of a gate. 12162 coverage for outside items (windows etc). We will focus in on items that we believe should be covered by the association. These items have not been covered in the past. Len Lorence will site case law indicating that our association is wrongfully withholding repair money.
We will conclude and I will formulate an action item list. This list will move forward in time until we have concluded. Similar to the last list which festered until the court ultimately decided.
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