"THE FOUNTAIN OF INFORMATION" - Thursday, March 09, 2006 - DUAL HEADLINES - "Information, Information, Information" AND "Sultan does not deserve...

"THE FOUNTAIN OF INFORMATION" - Thursday, March 09, 2006

DUAL HEADLINES - "Information, Information, Information" AND "Sultan does not deserve to be President"

I was watching the Mayoral Race Debate the other evening on ABC-26 and there were nine, of the 23, candidates currently running for Mayor of New Orleans in attendance at this televised debate. One of the candidates, in reply to a question from the moderators, answered, "Information, Information, Information", as the NUMBER ONE THING that people said they wanted from their local, State and Federal governments.... the same thing that owners and residents at FCC wanted... and still WANT... from their Manager and Board... collectively known as "Chet's Board" since Chet has pretty much dictated what the Board does since Hurricane Katrina. None of the so-called Board Members who are supposed to have a fiduciary duty to the owners at FCCA have had an independent thought in their heads. They have merely walked lock-step behind Chet Hingle... even while Chet was trying to deceive the individual owners out of hundreds of thousands of dollars of their insurance proceeds.

In fact, other than a few emails that I personally received from Sultan and subsequently published, the so-called President of FCCA, Sultan Mirza, has basically been MUTE except for the one letter that was distributed with one of Chet's LYING answers to the information published in this newsletter. Sultan tried to "appear" Presidential in his letter, while not giving you ANY INFORMATION. I guess this is something he learned from hanging around in the Washington, D.C. beltway. BUT... is this the kind of communication that you DESERVE from the President of FCCA? Re-read his letter (Click here to download Sultan's ONLY letter to FCCA - http://download.filefront.com/4860969;e4d58957eb4e68b469630af234e0e15feedac7955b3f2bffb0a4934dc4b6783bff8be7223e40840d ) or if that link wraps you can go to the "TFOI" download page at http://hosted.filefront.com/TFOI and "Sultan Mirza's ONLY communication to FCCA in SIX MONTHS" will be near the top of the list of documents that you can download concerning FCCA. Look to the far right hand side of the page and click the "Download Now" button. If you visit the download site, you will also find the Bylaws, Rules, Regulations, Past Management Reports and many other documents.. including the entire 121 page FEMA Flood Insurance Estimate for the Rear Courtyard.... something that should be available for all owners to review.. so I have made it available.. since "Chet's Board" has refused to do so.

Sultan Mirza is supposed to be Chet's boss but where has Sultan been while Chet Hingle has gone around cursing people out, ignoring people's legitimate questions, treating people rudely, hiding hundreds of thousands of dollars from people, failing to communicate with people, failing to issue accurate monthly management reports, failing to have buildings inspected and failing to file accurate insurance claims which have resulted in thousands of dollars of unpaid claims for broken windows, leaking roofs, unpaid trash pickup expenses, etc.

Donald Gauthreaux, the so-called Vice President, has basically been MUTE during the past SIX MONTHS as well.

James Williams, the so-called Treasurer, has occasionally been vocal.. BUT only to walk lock-step behind Chet Hingle.. his old class-mate from Jesuit High School... and as a fellow Catholic, they are an embarrassment to my religion!!!!! James Williams has repeatedly told various FCC owners... "... the insurance money belongs to FCCA... it's not your money..." so basically, James Williams actually believes that if he and "Chet's Board" decide not to give you any of your insurance proceeds, they would be right in making that decision.

Why can't even one of the Board Members have an independent thought or voice? What has happened to these people?????

I have read stories on the internet where Boards like this have caused distressed homeowners to commit suicide or go "postal" at a Board Meeting. I sure hope that "Chet's Board" quits fooling with people's lives to the point where this happens at FCC. I did notice that Chet seemed to have something bulky under his coat the other day. I wonder if he is wearing a bullet proof vest now? :-D (Remember... illustrating absurdity by being absurd! - Rush Limbaugh)

So far, "Chet's Board" has tried to deceive and hide hundreds of thousands of dollars from the FCC owners. They have miserably failed to communicate the truth.. or even communicate at all. They have illegally canceled the Annual Homeowners Meeting that was supposed to take place back in December 2005. They have REFUSED to hold any kind of open meetings FOR OVER SIX MONTHS. They have REFUSED to disclose the financial records to several owners who have requested them.. in violation of the Bylaws. Sultan has illegally continued his so-called Presidency since he was up for re-election back in December 2005 and his term expired on 12/31/2005, but since he and "Chet's Board" canceled the Annual Homeowners Meeting, Sultan continues to claim to be the so-called President of FCCA. This sounds like something that Saddam Hussein would do, so maybe Sultan thinks he is the Saddam Hussein of FCC. One day there will be a TRIAL for Sultan also and he will have to answer for his inaction's.. and he will be found GUILTY of malfeasance in office... even if it takes God to finally find him GUILTY!!!!! IT WILL HAPPEN!!!!!

To this date, FCC owners and hurricane victims are still having to beg for their insurance proceeds. The flood victims in the rear courtyard received LESS THAN ONE-THIRD of their actual settlement money and Chet Hingle and James Williams have refused to give some owners the balance of the supposed ONE-HALF that they were supposed to receive. This amounts to THOUSANDS OF DOLLARS that these owners need to begin renovations of their units. Further, several owners have completed 75% to 90% of their units and have run out of money. They have maxed out their credit cards and spend borrowed money from friends and relatives... and STILL "Chet's Board" will not give them any more of their money, even though "Chet's Board" has nearly ONE MILLION DOLLARS of FCC owner's insurance money in the bank, that they failed to report in the last monthly management report.

Where has the so-called President, Sultan Mirza, been and what has he done during these illegal actions by Chet, James and Don? He has been MUTE and ineffective and has basically relegated his responsibility and fiduciary duty to Chet Hingle and James Williams!!!!!

SULTAN DOES NOT DESERVE TO BE RE-ELECTED WHEN THEY FINALLY HOLD THE ANNUAL HOMEOWNERS MEETING!!!!!

MORE NEWS FROM AROUND AMERICA!!!!!

Here is an ongoing report of what has happened at another HOA with an OUT-OF-CONTROL Board like "Chet's Board". I will continue to report these other stories from around America to let you know what WILL happen here at FCCA if the owners do not start standing up for their rights! This story is publicly posted on the HOAnet Yahoo Group (http://groups.yahoo.com/group/HOAnet)

Message:
Date: Tue, 7 Mar 2006 13:42:47 EST
From: JopaTexas11
Subject: Re; Board's Ins Carrier (D&O policy)

Mary,

I hate to interrupt someone's conversation, but I feel I must interject some first hand knowledge into this situation.

You may feel or believe "if the board acted irresponsibly in the eyes of the law the ins. carrier would either raise the rates sky high or drop their coverage." And "Just like an attorney is obligated to represent you even when you've done something wrong, the ins. carrier is also obligated to represent you -- that's why you pay the premiums," all you like...
However, your comments are not necessarily true.

I know for a FACT, and have documentation;

When the Board Members act irresponsibly or illegally in the eyes of the Law, the Ins Carrier Did NOT raise the premiums or drop their D&O coverage for the Board.

Even though the Ins carrier took the case originally & hired their own Attorney to represent the Board Members but, after the Ins carrier investigated the situation, finding the true facts of the case (not just what the board had told them) the Insurance Company was not obligated to represent them, and did send the board a letter stating that the D&O policy did NOT cover such acts, and would send a billing statement to recover the Ins carriers cost, this was charged to the HOA (the homeowners) for repayment of their time & the hired Attorney's firm time. (a total of $6,000.00 for 4 weeks of work)

Instead, the Board was defended by (our assessment paid) HOA Attorney in a court of Law. This cost the homeowners another $180,000.00 just for the litigation process. (from May 2002 - June 2005)

A Verdict by a Jury: the board shall pay damages of $365,000.00

The Board then filed Bankruptcy Chapter 11 reorganization protection, (July 2005 - Jan 2006) which cost the homeowners another $45,000.00 plus the Court cost from the original Jury trial which equaled another $30,000.00.

After the Plaintiffs got the Bankruptcy Dismissed, the Board Member are now thinking of filing to get a Retrial and if that doesn't go their way, then an Appeal.

This will cost the homeowners $50,000 just to retain an Appellate Attorney, the cost ($180,000) for another jury trial or the cost of an Appellate Court hearing and judgment.
All to satisfy the ego and arrogance of the Board

INSTEAD of SETTLING with the Plaintiffs for;

1. A 100% Independent Outside Business Audit. (which the Plaintiff's would have paid out of their own pockets)

2. The Right to speak at Meetings. (to ask questions or voice concerns)

3. The Right to post Information in the Board run Newsletter

4. The Right to post Information on our Public Bulletin Board.

5. The Right to have the Board treat the Plaintiffs equally as all other homeowners, without bias or discriminating acts.

Joni

Message:
Date: Tue, 7 Mar 2006 18:27:40 EST
From: bobbinsbiomed
Subject: Re: Re; Board's Ins Carrier (D&O policy)

Your case is an excellent example of how boards "advised" by association attorneys allow disputes to spiral out of control into law suits. But most importantly, this case is an example of what happens when an association refuses to make changes of little to no cost that would actually improve the integrity of an association, preferring instead to spend money from the reserves of well over 6 figures to fight against these changes. In this case hundreds of thousands of dollars to fight homeowners on this. The public posting of these cases continues to expose the abuse that is taking place in our HOA's today and how things are not getting any better.

Message:
Date: Wed, 08 Mar 2006 01:27:26 -0000
From: "Linda Lai"
Subject: Re: Re; Board's Ins Carrier (D&O policy)

This shows the level of ignorance and stupidity that exists with BOD's in the HOA's. IT IS MIND BOGGLING. Again... thanks for sharing this.Linda

Message:
Date: Wed, 8 Mar 2006 02:17:49 GMT
From: "Jan"
Subject: Re: Re: Re; Board's Ins Carrier (D&O policy)

Joni, during all that litigation, did any homeowner ever ask for mental tests of each and every one of those board members? Sounds to me like they oughta be institutionalized !! Using the law to ruin people's lives (the homeowners) should NOT be an option in a sane society.Jan In Colorado

Message:
Date: Tue, 07 Mar 2006 18:54:58 -0800
From: "Frederick L. Pilot"
Subject: Re: Re: Re; Board's Ins Carrier (D&O policy)

Qualifications and training for HOA board membership have been discussed and debated for years. What's interesting is that we don't hear similar calls for elected local government representatives. The only qualifications are minimum age and citizenship within the jurisdiction. I think the reason for the discrepancy is that private HOA government lacks an established governance culture and the support of professional local government staff. Instead, it just bumps along decade after decade while the vendors who provide services to HOA boards are primarily interested in short profit and not the long term welfare of HOA governance in general. BTW, that's not to be critical of them. I think they recognize the inherent fact that private HOA governance suffers from weak public understanding and acceptance and thus focus on profiting from it as long as it's there.

Here are some other links to information that you should know:

http://www.theHOAprimer.org - This website has a 20 chapter book that you can read for FREE... detailing things that are happening in HOA's all over America... but this book also tells you what to do to protect your rights and property!!!!

http://www.NostraCondomus.com - This website has a FREE book that you can download and it was written by a man back in 1985 about his fight with his HOA.

http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/2047 - What Attorneys Are Permitted And Prohibited From Doing To Others - A MUST READ FOR HOA RESIDENTS. Make sure to read the "Comments" link at the bottom of the article.

http://www.ahrc.com/new/index.php/src/news/sub/letter/action/ShowMedia/id/107 - A Declaration From A Homeowner Activist. Make sure to read the "Comments" link at the bottom of the article.

http://www.ahrc.com/new/index.php/src/news/sub/letter/action/ShowMedia/id/1848 - FIRST TIME BUYER, BEWARE!!!! Make sure and read the "Comments".

http://www.communityassociations.net/weblog/archives/2006/02/disassociation.html - Dis-Association!

THE LAST WORD!!!!

On a final note for this newsletter, at least TWO FCC OWNERS have received replies from the Insurance Commissioner for the State Of Louisiana. They are investigating what "Chet's Board" is doing with the insurance money. Here is the name and phone number to the Fidelity National Insurance Company representative.. the company that handled the flood insurance claims for FCC. If you are still having questions and complaints about "Chet's Board", call Don Livengood at 1-800-725-9472 ext. 6221 and report your complaints. In his reply to the Insurance Commissioner, he offered to meet with the owners here at FCC and try to answer questions. Of course, we all know that "Chet's Board" has turned down many other efforts by other independent people to hold meetings with the FCC owners... but you can call him to see what he has to offer. Bear in mind that he does think that there should have been a single General Contractor but other than that, he should be an independent voice of information about the rest of the insurance proceeds and the unethical way that "Chet's Board" has handled the money... or maybe he thinks that "Chet's Board" is right in the way they are treating you. I don't know. Call him to find out.

Thanks to the two owners who have supplied me with this information.

Until next time... let "The Fountain Of Information" flow!!!!!

Lenny Vasbinder, Editor
TheFountainOfInformation@Gmail.com
http://TheFountainOfInformation.Blogspot.com
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***THANKS to everybody who came to New Orleans for Mardi Gras!!!! And THANKS to everybody who did anything to help New Orleans and any other Hurricane Katrina victims.