Thursday, March 16, 2006

"The Fountain Of Information" - March 15, 2006 - ILLEGALLY CANCELED ANNUAL MEETING HAS FINALLY BEEN SCHEDULED!!!!!

"THE FOUNTAIN OF INFORMATION" - Wednesday, March 15, 2006
 
NOTICE - IF YOU ARE READING A SECOND HAND COPY OR PRINTED COPY OF THIS NEWSLETTER, PLEASE CALL 504-621-1870 AND LET ME KNOW SO THAT I CAN ADD YOU TO THE FREE SUBSCRIPTION LIST.   STARTING NEXT WEEK, "THE FOUNTAIN OF INFORMATION" NEWSLETTER WILL ONLY COME OUT ON SUNDAY MORNINGS UNLESS SOME BREAKING NEWS HAPPENS DURING THE WEEK.
 
ILLEGALLY CANCELED ANNUAL MEETING HAS FINALLY BEEN SCHEDULED!!!!!
 
James Williams, one of the "Chet's Board" gang-of-four, was observed hanging notices on the doors of the STILL mostly vacant rear courtyard doors.  I received permission from one out-of-town owners to open the notice and enclosed was the "F.C.C. Management Report for the Month of February, 2006".
 
I have scanned and uploaded the document so you can download it for FREE from http://hosted.filefront.com/TFOI and it will be the first file on top of the list.  You can also browse through the 40+ other files that I have uploaded over the past month and download any of them that you may want to review.   If you have browsed through the many files already, you can just click this link http://download.filefront.com/4884348;e4d58957eb4e68b469630af234e0e15feedac7955b3f2bffb0a4934dc4b6783bff8be7223e40840d to go right to the download of the February 2006 Management Report.  If the link wraps and you can not click on the link, you can still go to the main "TFOI" filefront.com link above and download the document there.
 
"TFOI's" ANALYSIS OF THIS MONTHS REPORT
 
Besides the HEADLINE above, this Monthly Management Report contains other important news but is also MISSING SOME VERY IMPORTANT INFORMATION THAT IS REQUIRED TO BE INCLUDED ON THE MONTHLY REPORTS!!!!!
 
First, lets jump to the last paragraph where Chester A. Hingle, Jr., a/k/a Chet Hingle and the oh-so-pathetic "Chet's Board" members have finally scheduled the ILLEGALLY CANCELED Annual Meeting and according to the notices hung on the doors, it is now scheduled for Wednesday, April 26, 2006 at 7:00 p.m. in the Rear Courtyard Recreation Room (or as Chet typed it, the "REAR BUILDING RECREATION BUILDING", which is obviously IGNORANTLY WORDED!!!!)   Further, it is announced that "There will be a vote for the position of Board of Director/President".   Please download the document and read the document verbatim.
 
IT IS A SHAME THAT THEY HAVE SCHEDULED THIS MEETING IN THE MIDDLE OF THE WEEK LATE IN THE EVENING... KNOWING THAT SO MANY OWNERS ARE LIVING OUT OF TOWN AND EVEN OUT OF STATE!!!!!   ORIGINALLY, "CHET'S BOARD" SAID THEY ILLEGALLY CANCELED THE DECEMBER 2005 ANNUAL MEETING SO THAT MORE OWNERS WOULD BE BACK AND COULD ATTEND THE MEETING.   HOW ARE THESE DISPLACED OWNERS GOING TO ATTEND THIS MEETING?????   WHY DIDN'T THEY SCHEDULE THE MEETING ON A SATURDAY AFTERNOON SO THAT PEOPLE COULD DRIVE OR FLY INTO TOWN AND NOT HAVE TO MISS WORK?????  FURTHER, THE BYLAWS REQUIRE THESE NOTICES TO BE MAILED TO THE OWNERS.. NOT HUNG ON THE DOORS.  "CHET'S BOARD" PASSED SOME KIND OF RULE CHANGE THAT ALLEGEDLY ALLOWS THEM TO MERELY HANG THEM ON THE DOOR BUT LOUISIANA LAW AND THE BYLAWS (WHICH WERE NEVER CHANGED) STATES THAT "MEETING NOTICES" SHALL BE MAILED.
 
REMEMBER THAT THE CURRENT PRESIDENT, SULTAN MIRZA, DOES NOT LIVE AT F.C.C. AND HAS NOT LIVED AT F.C.C. FOR MORE THAN A YEAR.  FURTHER, HE WAS PRIVY TO INSIDE INFORMATION AS TO THE FEMA/NFIP INSURANCE SETTLEMENT FIGURES AND MOVED FORWARD ON HIRING A CONTRACTOR TO RENOVATE HIS FLOOD DAMAGED UNIT BEFORE ANYONE ELSE EVEN KNEW THERE WAS AN OFFER.  SULTAN MIRZA HAS RENTED HIS UNIT OUT TO A NEW TENANT SO HE STILL DOES NOT LIVE HERE AND APPARENTLY HE DOES NOT HAVE PLANS TO MOVE BACK ANYTIME SOON.  I WONDER IF HE IS GOING TO HAVE THE GALL TO RUN FOR RE-ELECTION... OOOPS.. MAKE THAT RUN FOR OFFICE SINCE HE WAS NEVER ELECTED THE FIRST TIME!!!!!
 
The interesting thing in that last paragraph is that Don Gauthreaux, Unit #39, is referred to as the Secretary of FCCA but according to my sources who were very active owners and/or previous Board Members... Don Gauthreaux was the Vice-President and James Williams was the Secretary/Treasurer.  It's hard to be sure since they have NEVER signed their names with their titles on any of the correspondence that I have ever seen.   My understanding is that Sultan Mirza was appointed to the President's position when the previous President resigned.  Then Fred Rapp was appointed to the Vice-President position and then was elected Vice-President in the only election in the past few years.  When Fred Rapp resigned, Don Gauthreaux was appointed to his position.  Then Ronnie Breath, who was the Secretary/Treasurer, resigned and James Williams was appointed to that position.  If anyone has better facts to clarify who is what around here, I would appreciate the feedback.
 
NOW..  BACK UP TO THE TOP...
 
ONLY ONE THING TO SAY.... WHY ISN'T "CHET'S BOARD" SHOWING THE HUNDREDS OF THOUSANDS OF DOLLARS OF INSURANCE MONEY IN ANY OF THE LISTED BANK ACCOUNTS?????  WHY AREN'T THERE FIGURES FOR THE TOTAL DEPOSITS AND EXPENSES LIKE THEY USED TO PUT ON THE MONTHLY MANAGEMENT REPORTS.  SEE THE MAY 2005 MONTHLY MANAGEMENT REPORT AVAILABLE FOR DOWNLOAD AT THE FOLLOWING LINK TO SEE WHAT I AM TALKING ABOUT.  http://download.filefront.com/4812790;e4d58957eb4e68b469630af234e0e15feedac7955b3f2bffb0a4934dc4b6783bff8be7223e40840d
 
FIRST PARAGRAPH - "Chet's Board" makes reference to the "several" units that have not begun renovations... YET CHET HINGLE AND "CHET'S BOARD" HAS NOT FIXED THE NUMEROUS BROKEN OUT WINDOWS which prevents many owners from doing their renovations since to do so, would only invite new damages to the renovations from rain storms.  Further, several units in the rear building of the rear courtyard are still getting water in them from roof repair defects, air-conditioner repair defects, leaking brick wall defects, water pipe defects and/or other unknown sources of water infiltration into the units.  This is the same building that suffered the windstorm damage so do not let Chet Hingle blame the unit owners for the delays.  IT IS CHESTER A. HINGLE, a/k/a CHET HINGLE AND "CHET'S BOARD'S" FAULT FOR NOT HAVING THESE SOURCES OF WATER INFILTRATION REPAIRED.  These owners cannot begin to repair their units until the water leaks have been repaired!!!!!
 
SECOND PARAGRAPH - "Chet's Board" says that people aren't paying their condo dues for various reasons but fails to mention the primary reason that many people are not paying their dues.... BECAUSE CHESTER A. HINGLE, JR., a/k/a CHET HINGLE AND "CHET'S BOARD" HAVE LIED TO AND ATTEMPTED TO CHEAT THESE OWNERS OUT OF THOUSANDS OF DOLLARS OF THEIR INSURANCE SETTLEMENTS.  FURTHER, "CHET'S BOARD" ONLY PAID OUT ONE-THIRD OF THE INSURANCE SETTLEMENT, INSTEAD OF ONE-HALF AS WAS PROMISED... SO "CHET'S BOARD" IS HOLDING THOUSANDS OF DOLLARS FROM EACH OF THESE OWNERS.  WHY SHOULD THEY HAVE TO PAY "CHET'S BOARD" WHEN "CHET'S BOARD" HAS THOUSANDS OF DOLLARS OF THESE OWNERS MONEY ALREADY IN THE BANK!!!!
 
THIRD PARAGRAPH - "CHET'S BOARD" ONCE AGAIN FAILED MISERABLY BY HIRING RIVER PARISH DISPOSAL AT AN EXORBITANT RATE.. OR THEY FAILED TO ASK "HOW MUCH?" BEFORE TELLING RIVER PARISH DISPOSAL TO START PICKING UP THE TRASH.  Does Chester A. Hingle, Jr. or "Chet's Board" have to pay this outrageous bill of $29,000.00 for three days of work?    NOOOOOOO.... they just pass the bill on to the victims and deducted it out of their insurance settlement amounts.  Further, "Chet's Board" say, "Contrary to some who claim that the Parish or FEMA would have paid for this, they are wrong."   If they are talking to me, I never said that "FEMA would" pay... I have repeated said that FEMA will reimburse Condo Associations for uninsured or underinsured trash removal expenses.  I have previously reprinted TWO NEWS ARTICLES published on nationally recognized web sites.  Here is the re-print of the original article that I found. 
 
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http://www.caionline.org/news/detail.cfm?PRNumber=99100605

CAI Lauds FEMA Debris-Removal Decision

ALEXANDRIA, VA, OCTOBER 6, 2005 – Under the gun in the horrific aftermath of Hurricane Katrina, the Federal Emergency Management Agency (FEMA) is being applauded for making community associations in Alabama, Louisiana and Mississippi eligible for debris-removal assistance.

Community Associations Institute (CAI), a national education and advocacy organization representing association-governed communities, applauded the agency today for "understanding the importance of debris-removal assistance for countless community associations along the Gulf Coast."

CAI has long advocated that community associations should receive clean-up assistance from FEMA following natural disasters. Debris removal in community associations is typically not covered when FEMA provides monetary assistance following a natural disaster. Community associations damaged by hurricanes and other natural disasters have found that the costs of debris removal can be extremely high. Without adequate insurance coverage, homeowners in those communities can be stuck with enormous and unanticipated costs.

"We're very pleased with this decision," said CAI Senior Vice President Molly Foley-Healy. "This is going to help hundreds of community associations in Alabama, Louisiana and Mississippi. It's certainly a step in the right direction for an agency with a mission to help Americans contend with disasters."

(Further) CAI supports the Respond Act (H.R. 1137), a bill now in the House of Representatives that would greatly expand FEMA's reimbursement for debris removal from associations and other private property.

"This is an issue of equity," said Foley-Healy. "Residents in homeowner and condominium associations pay federal taxes as well as all applicable property, state and sales taxes. Simple fairness dictates that community associations receive assistance, since government agencies do pay for debris removal in other neighborhoods. Natural disasters don't discriminate between community associations and neighborhoods without associations."

An estimated 54 million Americans make their homes in some 274,000 homeowner and condominium associations and cooperatives.

CAI is a national, nonprofit organization dedicated to fostering vibrant, responsive, competent homeowner and condominium associations and cooperatives. Along with its 55 regional, state and local chapters, CAI represents professional community managers, community association volunteer leaders (homeowners) and businesses and professionals who serve these communities. Member services include conferences and seminars, education courses, periodicals, books, professional service directories, advocacy and professional designations.

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Since this original news article, the deadline has been moved to March 11, 2006 and then recently moved to April 10, 2006... SO "CHET'S BOARD"... YOU BETTER FILE FOR THIS REIMBURSEMENT OR YOU WILL BE NEGLIGENT AND POSSIBLY SUED BY THE ASSOCIATION OR SOME INDIVIDUAL OWNERS FOR MALFEASANCE IN OFFICE.  THEN, THE DIRECTOR'S ERRORS AND OMISSIONS INSURANCE WILL HAVE TO PAY THE REIMBURSEMENT SINCE "CHET'S BOARD" WAS TOO LAZY OR TOO STUPID TO READ THESE NEWS ARTICLES OR LISTEN TO THEIR OWNERS!!!!   SINCE MOST INSURANCE POLICIES DO NOT COVER "INTENTIONAL ACTS", IF YOU ARE INTENTIONALLY REFUSING TO FILE FOR THIS REIMBURSEMENT, YOU MAY BE SUED PERSONALLY AND NOT HAVE INSURANCE COVERAGE PAID FOR BY FCCA!!!!!  JUST BECAUSE YOU ARE A BOARD MEMBER, YOU CANNOT DO INTENTIONAL ACTS THAT HARM OTHER OWNERS AND THINK YOU CAN GET AWAY WITH IT!!!!!
 
LAST BUT NOT LEAST... IN THE LAST SENTENCE OF THE LAST PARAGRAPH, "CHET'S BOARD" CLAIMS THAT "Our insurance agents and attorney will be invited" (to the Annual Meeting).  IF YOU DO NOT WANT TO WAIT UNTIL THEN TO TALK TO YOUR FCCA ATTORNEY, HERE IS HIS NAME, PHONE NUMBER, EMAIL ADDRESS AND WEB PAGE.
 
Malcolm D. Meyer
Adams & Reese Law Firm
(504) 585-0426
 
Remember, this is not something that "Chet's Board" would ever tell any of you.  They always referred to "their attorney" without ever mentioning his/her name.  You only heard it here.. at "The Fountain Of Information" with special thanks to another of our inside sources.  You know who you are and we THANK YOU!!!! :-D
 
But remember...  although this attorney works for FCCA which means he is supposed to work for the 94 owners at FCC (SINCE THE 94 OWNERS OWN FCCA), "Chet's Board" has not released a single letter of legal advice from this attorney.   These attorneys who represent HOA and Condo Boards like to stir up legal problems until it escalates into expensive litigation.  Then they can really start charging the BIG BUCKS to defend the lawsuits.  It seems like it may be a conflict of interest to give BAD LEGAL ADVICE to a cheating, lying Board like "Chet's Board", in hopes of stirring up things so they can charge large legal fees.  If you want to file a complaint against this attorney, here is the Louisiana State Bar Association information to order a complaint form - 1-800-326-8022; or you can download the complaint form on this page  http://www.lsba.org/Consumer_Services/complaints.html  or just click this link http://www.lsba.org/Consumer_Services/complaint.pdf.   If you are reading the printed version, please call me or ask me for a copy of the complaint form.  I'm sure OUR ATTORNEY will be pleasantly surprised when he shows up at OUR ANNUAL MEETING with several complaints pending against him for unethical conduct.  I have helped file many of these types of complaints over the years so feel free to ask for my assistance in filling out the form and stating your complaint.
 
Until next time, let "The Fountain Of Information" flow!!!!!
 
Lenny Vasbinder, Editor
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