Monday, April 24, 2006

"The Fountain Of Information" - Tuesday, April 25, 2006 - CHET'S LATEST TIRADE...!!!! and other NEWS!!!!!

Working Title for this edition - "YOU, THE UNIT OWNERS"
 
CHET'S LATEST TIRADE!!!!  - ALL OF THIS over a SIMPLE AND LEGAL request pursuant to the FCC Bylaws which is NOW COSTING "YOU, THE UNIT OWNERS" even more of YOUR MONEY in WASTED legal fees!!!!!
 
Last Wednesday, I presented James Williams (Hand Delivered) and Donald Gauthreaux (Copy left in door) with the following letter:
 
(For TFOI Readers:  If you need a copy of the Bylaws to verify the legality of this letter and the sections and articles quoted, you can download a copy of the Bylaws by going to http://hosted.filefront.com/TFOI/ and then scrolling down to the download for "The original 27 pages of the Bylaws", and to the right, there is the "Download Now" link.  You can also read all previous editions of "TFOI" by going to http://TheFountainOfInformation.Blogspot.com)
 
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April 19, 2006
Mr. Donald Gauthreaux (Unit 39)
Mr. James Williams
Fountain Court Condominium Assn.
6901 Veterans Blvd., Unit 79
Metairie, LA 70003
 
Re: Notification of Mortgage & Note on Unit #76, Mortgagee Proxy and Request To Inspect the Books and Records and for a copy of the Annual Audited Financial Reports and Budget for 2005 and 2006.
 
Gentlemen:
 
Pursuant to the Fountain Court Condominium Association Bylaws, Article VI, entitled Mortgages, Section 1, I am hereby notifying the Board of Directors of my Mortgage on Unit 76 signed by Jeffrey Mauberret and a duplicate original of said Mortgage and Note are attached pursuant to this section.
 
Further, I am providing your office with a duplicate original of the Voting Proxy for the upcoming annual meeting which has been signed by Mr. Jeffrey Mauberret giving me his proxy vote, as his Mortgagee.
 
Further, in Section 5 of Article VI, entitled "Other Rights of Mortgagees", I am entitled and by this letter do hereby request that I be allowed to examine the books and records of the Association during normal business hours.
 
Please let me know at what time I can do this on Thursday, April 20 (corrected), 2006. Also, pursuant to this Section 5, I am requesting a copy of the annual audited financial reports and other budgetary information which should have been prepared for fiscal year ending 2005 and provided within 90 days of the end of 2005.
 
Compliance with your own Bylaws will prevent the need for further legal action, including but not limited to filing a lawsuit to enforce my rights which will include a personal lawsuit against any and all non-complying Directors for their own willful misconduct or bad faith, pursuant to your own Bylaws, Article III, Section 15.
 
Thank you in advance for your anticipated cooperation.
 
Sincerely,
 
/S/ Leonard N. Vasbinder
Mortgagee and Proxy Holder for FCCA
(Hand Written on Letter)
6901 Veterans Blvd., Unit 94
Metairie, LA  70003
504-621-1870
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Since I did not hear from James Williams, Donald Gauthreaux or Chet Hingle on Thursday, April 20, 2006, I began my plans to file suit to enforce not only my rights to examine the books and records of FCCA but also to enforce the rights of so many of the owners who have previously asked and were refused access and/or cursed out by Chet Hingle.
 
Instead of them just complying with the clearly written articles and sections in the Bylaws and allowing me my LEGAL and RIGHTFUL access to the books, records, audited financial reports, etc., Chet Hingle and James Williams were observed hanging the following notices on most of the doors at FCC:
 
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YOU, THE UNIT OWNERS, SHOULD BE AWARE THAT UNIT OWNER #76, JEFFERY MAUBERRET, HAS GIVEN OUR FANATIC TENANT, LENNY VASBINDER, UNIT #94, A MORTGAGE ON HIS UNIT FOR $1.00, WHICH IS LEGAL, AND MAKES VASBINDER A MORTGAGEE.  IN ADDITION, MAUBERRET HAS GIVEN VASBINDER HIS PROXY FOR THE UPCOMING OWNERS MEETING WHICH WILL ALLOW VASBINDER INTO THE MEETING AND TO CAST A VOTE.  ONE OF THE WITNESSES TO THE MORTGAGE IS UNIT OWNER #65, SUZANNE HALPRIN, A DISCIPLE OF VASBINDER.
 
MAUBERRET, VASBINDER AND HALPRIN HAVE MADE A MOCKERY OF FOUNTAIN COURT CONDOMINIUMS.
 
FURTHERMORE, VASBINDER, AS A MORTGAGEE, CAN INSPECT THE ASSOCIATION BOOKS WHICH HE REQUESTED 1 DAY AFTER HE GAVE THE BOARD NOTICE OF THIS RIGHT AS A MORTGAGEE.  SINCE THE BOARD HAD TO VERIFY THIS NON RECORDED MORTGAGE WITH THEIR ATTORNEY, NO RESPONSE TO VASBINDER WAS GIVEN.  IN FACT, A TIME FOR INSPECTION OF THE BOOKS IS TO BE MUTUALLY AGREED ON WHICH VASBINDER DID NOT DO.  IT IS RUMORED THAT VASBINDER AT THE MEETING WILL HAND THE BOARD A LAWSUIT FOR NOT LETTING HIM INSPECT THE BOOKS ON THE DATE HE REQUESTED.
 
YOU, THE UNIT OWNERS, SHOULD BE AWARE THAT THE BOARD IS CONSULTING WITH THEIR ATTORNEY REGARDING VASBINDER'S ACTIONS WHICH IS COSTING THE ASSOCIATION A LOT OF MONEY.  IF VASBINDER WANTS TO GO TO COURT TO OUST THE BOARD AND MANAGEMENT, WHICH THIS IS ALL ABOUT, THE BOARD WILL FIGHT IT TO PROTECT THE INTEREST OF THE ASSOCIATION, AT CONSIDERABLE EXPENSE WHICH WILL CALL FOR A SPECIAL ASSESSMENT.
 
BEWARE, WE ARE DEALING WITH AN UNEMPLOYED FANATIC WHO CAN'T HOLD A JOB; RUMORED TO BE AN ALCOHOLIC AND TO USE DRUGS; AND HAS A RAP SHEET.
 
PROTECT YOUR INVESTMENT!!!!!
 
(NOT SIGNED BUT HANDED OUT BY JAMES WILLIAMS AND CHET HINGLE FOR LIBEL AND SLANDER PURPOSES... IF WARRANTED!!!!!)
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I'm not even going to waste too much time on a detailed rebuttal except to say that Chet Hingle and James Williams HAVE ADMITTED THAT MY REQUEST IS LEGAL AND RIGHTFUL.  Instead of just reading the sections that I clearly outlined, they wasted YOUR MONEY on legal fees.
 
Further, instead of complying with the request, they have taken a LEGAL and LEGITIMATE request pursuant to the FCC Bylaws and turned it into a potential Libel and Slander lawsuit against them PERSONALLY... rather than just provide the requested information.  WHAT DO THEY HAVE TO HIDE????
 
I have no intention of suing FCCA as stated in my original letter but I WILL SUE JAMES WILLIAMS AND DONALD GAUTHREAUX PERSONALLY FOR WILLFUL MISCONDUCT AND BAD FAITH AS PROVIDED FOR IN THE BYLAWS!!!!!  And of course, Chet Hingle will be a named defendant in this lawsuit since he instructs James Williams, who blindly follows Chet in this Lunacy!!!!  This should not cost FCCA anything unless they, as Board Members, misappropriate FCCA funds to their personal use in defending themselves for their own willful misconduct, bad faith, libel and slander. 
 
They are not acting in good faith as Board Members when they refuse to follow their own Bylaws.  Article III, Section 15, of the Bylaws clearly states that FCCA is not liable for Board Members who commit WILLFUL MISCONDUCT AND BAD FAITH... which James Williams and Donald Gauthreaux have clearly done.. not only to me but to the DOZENS of other owners who have requested access to the financial records since Katrina and Chet Hingle and "Chet's Board" have outright refused to allow this access.
 
WHAT DO THEY HAVE TO HIDE... THAT THEY WILL GO TO THIS EXTREME TO KEEP THE FINANCIAL RECORDS FROM BEING REVIEWED?????
 
OTHER NEWS-
 
REMEMBER THAT THE ANNUAL MEETING IS THIS WEDNESDAY, APRIL 26, 2006 AT 7:00 P.M.  IF YOU WILL NOT BE ABLE TO ATTEND, PLEASE SIGN YOUR PROXY OVER TO ANOTHER OWNER.  PLEASE DO THIS TODAY SO YOUR VOTE WILL BE COUNTED AT THE ANNUAL MEETING!!!!!
 
Chet Hingle put out his "Monthly Management Report" a few days ago but my scanner is down so I have not been able to upload a copy to the Filefront.com site but I will be doing so soon.  There was not much to report since Chet and "Chet's Board" are still refusing to disclose all of the financial information on the Monthly Reports.  There is still no mention of how much INSURANCE MONEY IS IN THE BANK.  All they show is the regular bank account balances as if no insurance money was ever deposited.
 
HMMMMM.. MAYBE IT WASN'T!!!!!!  MAYBE THAT IS WHY THEY ARE GOING TO SUCH EXTREMES TO KEEP THE BOOKS AND RECORDS FROM BEING EXAMINED!!!!!!
 
OR MAYBE THIS IS JUST CHET'S WAY OF HANDLING ANYONE WHO QUESTIONS HIS ACTIONS AND INACTION'S!!!!!  IF HE DOESN'T HAVE THE FACTS OR THE LAW ON HIS SIDE.. HE RESORTS TO NAME CALLING, CURSING, LIBEL AND SLANDER.... ALL ON BEHALF OF "YOU, THE UNIT OWNERS".
 
Until next time..... let "The Fountain Of Information" flow!!!!!
 
Lenny Vasbinder, Editor
"The Fountain Of Information"
Detailing and completion of unfinished Contractor's work,
Painting - Interior & Exterior, Hurricane Damage Cleanup,
Gutting & Tear-Outs, Sheetrock & Flooring Removal,
Handyman Repairs, Homeowner's Contractors Agent (HCA)
http://lennyvasbinder.blogspot.com 
504-621-1870  eFax - 413-318-0742
NHSNOLA@Gmail.com  LNVTM1@Gmail.com
 
***THANKS to everybody who did anything to help New Orleans and any other Hurricane Katrina victims.  Please come down to New Orleans for JazzFest and Vacations to help us recover from Hurricane Katrina.  All of the tourist hot-spots are up and running!!!!!
 
 
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