Sunday, August 30, 2009

Homeowners battle association for records

Homeowners battle association for records: "When homeowners suspect their neighborhood association of misusing their money, they ask to see the financial records. By law, homeowners associations must make their records available to all paying members.

It has never been that simple at Tampa Bay Golf & Country Club, so some homeowners are suing to get the records."

It should never be necessary to sue your own association in order to see how your money is being spent.


HOA Litigation Gravy Train said...

Ah, but it's *private* government after all and those are corporate and not public records.

Anonymous said...

Professor --

I (belatedly) posted a comment on a thread dated August 14, 2009 about this VERY same HOA records.

Sorry, it was message #14, and I cannot figure out how to paste it here? Any help doing so would be greatly appreciated -- as it is directly on point AGAIN -- in this thread.

I'd like to be able to send the updated link to the Office of the Illinois Attorney General -- who is NOT enforcing the Illinois Statutes where records issues are concerned -- and with thousands of families involved -- in over 30 states -- (not to mention the millions of dollars being illegally collected AFTER amendments to our governing documents were declared illegal, null and void) this amounts to SERIOUS malfeasance on Lisa Madigan's part -- AND BLATANT CONSUMER ABUSE.

I'd also like to send your link -- with my post added, if possible -- to our former Illinois Legislator, Barack Obama -- and ask for some of his time on this issue which affects families in all 50 states...

Perhaps, you could come along (to Washington, D.C) -- and we could invite Shu Batholomew, Jan Bergemann, and Rep. Julio Robaina as well -- and argue property owner rights to access to records at the United States Supreme Court level -- and NOT clog up ALL the other Courts in the entire nation?


Anonymous said...

P.S. Of course, I meant Shu Bartholomew, from On The Commons.


Anonymous said...

Anonymous said...

Believe it or not, here in Illinois, folks like me are STILL defending lawsuits that were filed against us by our HOA way back in May 1998 -- (for simply attempting to review/request HOA corporate records --including OUR membership list.

CAI affiliated "legal experts" have PUBLICLY called this case "malpractice" -- but, it persists nontheless -- filed by one of its own large scale members --- the Oak Run POA Inc. (by one of its own attorney members, John W. Robertson).

Even after the filing of four criminal complaints, by our State's Attorney, and written requests by Wayne Hyatt, and Evan McKenzie, ON MY BEHALF, we still have not been able to obtain the list of members -- as the law in Illinois clearly REQUIRES.

On a side note, Oak Run POA Inc.'s insurer, (Illinois National) was also sued (by Oak Run) for failing to reimburse the POA for "in excess of $508,000 in legal fees" -- including fees in the above case against me that is still pending.

The lawsuit against the insurer recently settled -- and the CAI trained manager, Michael Davison, claims the settlement terms are "confidential" and has refused to return calls to provide this information to the members -- (ie. the membership WAS the Plaintiff!

Go figure? Should it REALLY take MORE litigation to teach these managers and Boards what they should already know? The Association Attorney does NOT represent the Board. (See CAI Gap Report #13!)

Let the buyer beware... This Illinois scenario PROVES that EVERY association truly is just one Board/election away from HOA-Hell.

Our current Board has decided that it NOW wants to raise almost $11,000,000 for reserves (which have not been funded for the past 38 years of Oak Run's history due to various reasons).

The Oak Run Board NOW plans to use a combination of fees and assessments that were declared illegal, null, and void (in November 2000) to raise this $11,000,000. (See front page article of CAI Law Reporter February 2001 written by Attorney Wayne Hyatt -- who believe it or not,represented the Plaintiff in this case!!!)

Now can everyone understand why the Oak Board does not want the membership to receive the information that they have a right to -- ie. that assessments made after 1987 pursuant to the illegal amendments may be recoverable by each owner.

Some Illinois legislators are suggesting that since this case involves over 3,600 families -- in over 30 states -- and use of the U.S Mail to collect assessments under false pretenses -- that the Department of Justice should handle it from here...

Stay tuned. "RICO" is a term now being used in some troubled communities -- after all of these years -- and it is long overdue.

Not so anonymously,
Monica J. Sadler
Moline, Illinois

P.S. By the way, I have complained repeatedly to CAI's Tom Skiba and Frank Rathbun -- (about the above referenced fraud and incompetence by particular members of CAI) -- and have received no responses.

August 18, 2009 9:44:00 AM CDT

Anonymous said...

Thank you, Professor!

Some of us little old ladies who prefer paper documents... Like minutes and membership lists, etc. are eternally grateful.

This IS a case that CAI should be watching? OMG??? THIS IS A CASE THAT SOMEONE LIKE PROFESSOR EVAN MCKENZIE COULD GET AN AMICUS BRIEF ON -- especially since the Illinois CAI LAC Chairman, Mark Pearlstein, has already issued an opinion AGAINST the POA on????


This case (Oak Run POA vs. Monica "Satan/Osama" Sadler) is a case that the Office of the Attorney General should be watching (not to mention her Daddy, our Speaker of the House!)

Um, I guess if Tom CAI's Tom Skiba and Frank Rathbun are not willing to go out on a limb -- and STRONGLY suggest their board members get their proverbial acts together (and/or their PCAM managers, and "large scale" members -- AND ITS ATTORNEY MEMBERS) then CAI is proverbially "guilty by 'Association' - Excuse me, please, while I LOL -- and throw up at the very same time!


I was a member of CAI back in the day (THE EARLY 80'S)... when I TRULY believed that they represented homeowner interests (as they advertised)...


Aloha, M.J.

Anonymous said...

"P.S. By the way, I have complained repeatedly to CAI's Tom Skiba and Frank Rathbun -- (about the above referenced fraud and incompetence by particular members of CAI) -- and have received no responses."
Dear Anonymous,
I, too have complained and requested a criminal investigation of certain industry representatives in Pennsylvania. Mr. Skiba claims, among other information he provided me, that when a complaint is filed, "they (CAI)will do an internal investigation and there is the possibility the CAI representative carrying out these outrages crimes against innocent families(my opinion) can loose their credentialing." Big deal! Look at what their victims have lost and continue to loose! In my opinion, who is responsible for terrorizing, harassing, and illegally filing fabricated lawsuits against vulnerable people, to steal their homes?
At this point, I have a difficult time believing anything associated with the industry.