TFOI - Monday, April 27, 2009 - The Board ADMITS they have been acting unlawfully...

"The Fountain Of Information" - Monday, April 27, 2009

(Please print this out and give a copy to your neighbors who may not be online)

HEADLINE - The Board ADMITS they have acting unlawfully and illegally!

In preparing our legal defense against the FCCA Board and Alcor's frivolous lawsuit against me, the editor of "The Fountain Of Information" and the unit owner where I live, I was re-reading the by-laws a couple of months ago and found a section dealing with "Rules & Regulations" and that section clearly stated that any rules and regulations dreamed up (ooops.. promulgated) by
the Board du jour had to be filed with the Jefferson Parish Clerk Of Court - Conveyance Office... but guess who did not follow the by-laws once again... that's right, YOUR Board and their choice of an overpaid manager/lawyer. Neither the Board, manager nor the attorney for FCCA bothered to follow the by-laws when amending the rules in 2006 or 2008 and have admitted to this by their actions taken in the past couple of weeks.

If you go to the "official" FCCA website, http://www.fountaincourtcondos.com/ and then click on the "General Rules And Regulations" link, you'll see four links on that page. They still have the 2005 Rules which were the last legally recorded rules, although even those rules have some serious deficiencies in them. They also have a link to the 2008 Rules "as corrected". If you click on that link, it will open a PDF file with the "as corrected" rules and you'll see that they corrected them on March 31, 2009 according to the title section but if you go to page 7 of the rules, you'll see that the illegally elected officers did not sign this "as corrected" document until April 8, 2009. I'm presuming that they have now recorded these "as corrected" rules, now that they've been shown how they have been acting unlawfully and illegally for the past couple of years.

If you've been the victim of one of their overzealous rules and/or fines in the past two years... or if you've just been unhappy or dissatisfied with how the Board does things around here, please come join us as co-plaintiff's (in reconvention) and you should win your money back for their illegal fines and rules. You will also be taking a stand to show this Board and any future Boards that they are elected by and should be representing the owners, not acting like a bunch of typical politicians who get into office and start trying to screw their electorate. If you have any other complaints against this current Board/Manager or past Boards/Managers, come and join us as co-plaintiffs so you can let them know that you will not take their mis-management, mid-deeds, illegal and unlawful activities any longer. Now is the time for you to be able to join in this lawsuit against the Board and the choices they make and it will cost you only a fraction of what it would cost you to pursue a lawsuit on your own.

Some of our long term goals with this lawsuit:

To have open monthly Board meetings where ALL owners will be notified of meetings so they can choose to attend and have the right to speak up at the meetings. Right now, only a select few owners are invited to the monthly/quarterly Board meetings, which the current Board calls "At-large Board Members", which is NOT even a legal designation according to the by-laws. This will ensure that any new rules that this Board or a future Board attempts to pass will have proper discussion and debate and will also make the rule more "legal" since past Boards have simply made up rules that are outright illegal.

To have monthly financial reports sent/emailed to ALL owners so they can see, at a glance, what is happening to the money in the company (FCCA) that they own.

To have the Board adopt a Homeowner's Bill Of Rights, so that each owner is equally and fairly protected from future Boards that might try and become overzealous or attempt to selectively enforce rules and/or harass owners/residents.

To notify owners of any plans for spending THEIR money ahead of time... instead of spending it without the owners even knowing anything about it... like in the case of the $10,000 to $15,000 security cameras that were installed and the overwhelming majority of owners did not even know this would be done until after it was already being installed. There was no major crime issues at Fountain Court, other than the occasional attempt to steal some quarters out of a washing machine or dryer. The only reported incident where the cameras came into play was when a vehicle in the rear parking lot was damaged by someone during a bad parking incident and the JPSO were called in. Unfortunately, due to the fact that one of the cameras mostly looks down on the current President's car, the images from the camera actually resulted in wrongfully accusing another resident of causing this damage but it was proven that this resident did not cause the damage and the owner/victim had to apologize to the person who was wrongfully accused. Of course, Alcor reported how GREAT the cameras were in identifying the hit-and-run vehicle (in their last Quarterly Newsletter from the Summer of 2008... maybe they should call it an Annual Newsletter???) BUT Alcor failed to report the FACT that they wrongfully accused someone of hit-and-run which could have resulted in a lawsuit against FCCA and the owner/victim who wrongfully accused this other resident of hit-and-run. Did any of the owners hear exactly how much was spent on the broken pumps, water lines, etc., that recently cost thousands... or possibly tens of thousands of dollars in total cost to FCCA? What about the details of the insurance monies and/or settlements from the Hurricane Gustav claim? What about when the Board changed the rules about how many rental units are allowed at FCCA? Many folks never returned after Katrina and are renting out their units. With a limit of only 12 Rental Units, this means that if there are 20 people wanting to rent out their units, 8 of them will have to stay empty. What's better for a neighborhood.... folks renting and living in a home or a bunch of vacant homes? Ask any realtor what happens to a neighborhood when there are a bunch of vacant homes in the neighborhood... vandalism, crime, decreasing property values, etc. While this limit on rental units might sound like a good idea, it could also mean that many more folks will put their units up for sale... and that means that property values will also come down because of basic supply-and-demand economics. The more units listed for sale, the lower the prices. If a couple of units sell for a lot less than what might be thought to be their market value, then those sales will be used by future appraisers to determine the property values for ALL other units... meaning these low-priced sales will cause ALL property values to come down... just the opposite effect of what the Board thought they were going to do by limiting rental units. This is what happens when there are a bunch of "Yes" people on the Board and when the owners are not allowed to question or debate any proposed changes in the rules before they are made up.

Frankly, in the six years that I've lived here, I've found that the overwhelming majority of the owners (unless you are in the "At-large" clique or have multiple sources like I do) never know what is going on around FCCA until after the fact, when it's too late for you to voice your concerns! This is another thing that we would like to see changed at Fountain Court!

Let us know any other concerns you have that you would like to see addressed IN OPEN by future Boards or discussed in "The Fountain Of Information" or on the NEW Fountain Court Bulletin Board (Yahoo Group).

Don't forget to sign up at the NEW Fountain Court online and interactive "Bulletin Board" at
http://groups.yahoo.com/group/Fountain_Court_Condos_Metairie_LA. This was started up by Suzie Halprin, owner of Unit 65. It's FREE and a simple way for owners/residents to learn what is going on and to communicate with other owners/residents. You can even choose to get emails of any posts made to the "Bulletin Board" so you can immediately know what is going on without
having to go to the website to see if anything new has been posted.

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

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.thefountainofinformation.blogspot.com/
Cell-504-621-1870 eFax-413-318-0742

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Lenny Vasbinder NHSNOLA@gmail.com
Cell-504-621-1870 Fax-413-318-0742
http://www.neighborhoodhomeservices.com/
P.O.Box 74031, Metairie, LA 70033-4031
Handyman Services, Lawn & Garden Care, Residential Contractor, General Cleaning & Trash Hauling, Etc.

TFOI - Friday 4/24/2009 - More Details Of The Ongoing Lawsuit By And Against FCCA

"The Fountain Of Information" - Friday, April, 24, 2009

More Details Of The Ongoing Lawsuit By And Against FCCA -

As many of you already know, Fountain Court Condominium Association, Inc.,has been selectively attempting to enforce rules and thereby harassing and attempting to intimidate one of the owners and also the editor of TFOI in their attempts to try and shut down "The Fountain Of Information". So far, the illegally elected Board and Officers have failed... but they have
succeeded in spending over $15,000.00 of YOUR money in trying to do these illegal, unethical and immoral acts... money that should be being spent on repairing the many leaking and/or deteriorating pipes, walls, roofs, etc. Further, the illegally elected Board and Officers have spent around $65,000.00 of YOUR money on management fees and legal fees and neither the current manager or lawyer bothered to read the By-laws to see that every thing they've been doing has been illegal and unlawful with respect to the By-laws.

They... rather YOU (as an owner of FCCA) have now been sued for their illegal activities and actions.

On Wednesday, April 22, 2009, the illegal Board and Manager met for one of their closed-to-the-owners Board Meetings... well closed to most of the owners, except for the owners who are in their little clique... the owners they have illegally identified as "At-large Board Members" on the official Fountain Court website. There is nothing in the by-laws that provide for the appointment and designation of "At-large Board Members"... another one of their illegal and unlawful actions.

Here is a summary (copy/paste) of the legal pleadings that have been filed by Suzanne and I. I will give a layman's explanation to some of these legal terms/phrases in (parentheses) after giving the summary first. This is all filed in the public record so there are no secrets being revealed here. It can all be verified if you choose to go look at the actual record.

24th Judicial District Court, Jefferson Parish, Louisiana - Case No. 642-934 "B"

EXCEPTION OF NO CAUSE AND/OR RIGHT OF ACTION, LACK OF PROCEDURAL CAPACITY, INSUFFICIENCY OF SERVICE AND CITATION AND RECONVENTIONAL DEMAND

1.

The persons claiming to act on behalf of the FOUNTAIN COURT CONDOMINIUM ASSOCIATION herein have no right to act on behalf of that body, for the reason that they are not a properly, legally and/or contractually elected or constituted board of that Association; they were not elected or appointed in accordance with the by-laws and other Controlling Provisions of the FOUNTAIN COURT CONDOMINIUM ASSOCIATION (hereinafter FCCA).

(TFOI's explanation - The Board and Officers of FCCA have not been properly elected and are therefore NOT legal and have no authority to even file this lawsuit, make up rules, sign contracts with so-called managers, spend YOUR money illegally and unlawfully, etc.)

2.

Specifically, the by-laws of the FCCA provide that the three board members shall be elected by the owners to serve in staggered three-year terms, such that one shall be elected each year, and that the board members shall then elect a president, vice-president, and secretary-treasurer. Instead, the present board members ran at the same time for election as president,
vice-president, and secretary-treasurer.

(TFOI's explanation - The past Boards and/or Managers and/or Attorneys simply did not read the by-laws which state EXACTLY how elections are supposed to be done and for at least the past five years for which I have records, they have been doing the elections illegally.)

3.

Furthermore, upon information and belief, only approximately 15 of the 94 owners in Fountain Court Condominiums voted upon the election of the board members at the meeting of the FCCA in November 2008. The by-laws require and rules and regulations of the FCCA require that more than half of the owners must be present to form a quorum in order for there to be a valid election. Therefore, the present board members are not duly elected and do not have
authority to represent the FCCA, and have no right of action or procedural capacity herein.

(TFOI's explanation - When Sultan Mirza was the illegally elected President of FCCA, they held an election where Fred Rapp was elected as Vice-President, in 2003, and there were not a quorum of owners. In Chet Hingle's monthly management report, following that Annual Meeting, he reported that Sultan would be consulting with the attorneys to find out what should be done to bring the election into compliance with the By-laws but NOTHING was ever done. A copy of this report and other management reports showing other illegal election announcements and results are available from http://TheFountainOfInformation.blogspot.com)

4.

The current board also purports to have four At-large members. No provision exists in the FCCA by-laws - which allow only for the President and other officers to appoint such officers as may be necessary - for such At-large members, who were appointed by the three elected board members/officers, showing again that the current board is not in any way properly constituted
and has no right of action herein.

(TFOI's explanation - These "At-Large Board Members" simply are owners that the current illegally elected Board have given these titles to so they can be invited to Board Meetings... while refusing to allow any other owners into the Monthly/Quarterly Board Meetings. Other owners have tried to sit in on these Board Meetings and were refused access even though the Board
Meeting was being held in the commonly owned recreation room.)

5.

Additionally, Plaintiff seeks relief based upon supposed additions and amendments made to the FCCA Rules and Regulations in 2006 and 2008. However, the by-laws of the FCCA require that any amendments to the Rules and Regulations must, in order to become effective, be filed with the Recorder of Jefferson Parish. No amendments have been filed with the recorder since
August 8 of 2005. Therefore, Plaintiff has no cause of action as to any and all elements of its claim that depend upon rule changes that it alleges have been made since August 8, 2005.

(TFOI's explanation - That's right... all of the new rules passed in 2006 and 2008, including ALL of these stupid and outrageous fines they are trying to assess against certain owners, are ALL ILLEGAL RULES since none of them were recorded with the Clerk's Office in Jefferson Parish... which the By-laws clearly states they shall be recorded.... further, since the Board and Officers were illegally elected, this entire lawsuit is illegal and all of their actions for the past five years may well be illegal.)

6.

Exception of Insufficiency of Citation and Service

7.

Defendants further except to the First Amended Petition on the grounds that it was filed without obtaining leave of court as required by Article 1151 of the Louisiana Code of Civil Procedure, and that without leave of court the Amended Petition has no force or effect.

(TFOI's explanation - FCCA's attorney did not follow the law when he amended the original lawsuit. The law requires him to get a Court Order allowing him to amend the lawsuit first and he DID NOT do this simple act. Another WASTE OF YOUR money.)

Answer and Affirmative Defenses

8.

Defendants adopt and re-iterate all arguments made in Defendant, Lenny Vasbinder's, original Answer filed April 23, 2007, except insofar as facts urged in that Answer have changed since that time.

9.

Paragraphs 1 and 8 of the Amended Petition require no response from Defendants.

10.

The allegations of Paragraphs 2 and 3 of the Amended Petition are admitted.

11.

The allegations of Paragraph 4 are denied. Defendant Vasbinder is an occupant of unit 65 along with its owner; furthermore it would be impossible for him to live there as a tenant at the same time as the owner lives there, because the only lease approved by the FCCA contemplates leasing the entire unit from its owner; additionally no owner living at Fountain Court is
required to have a written lease with any occupant of his or her unit.

12.

The allegations of Paragraph 5 of the Amended Petition are denied. Additionally, Plaintiff's desire for Defendant Halprin to seal her windows ignores the fact that the leaks in her unit arise from defects in its roof and walls, which are the responsibility of FCCA to repair. No further
sealing of the window is required, nor would it have any effect.

13.

The allegations of Paragraphs 6, 7, 9, and 10 of the Amended Petition are denied.

14.

Now responding to the original Petition where as it was not modified by the Amended Petitioner, Defendant Halprin answers as follows: the allegations of Paragraph 2, 5 are admitted; the allegations of Paragraphs 7, 9, 10 and 11 are denied.

15.

Defendants furthermore deny that Plaintiff is entitled by any statute, contract or jurisprudence to an award of attorney's fees herein even if successful in all particulars.

Affirmative Defenses

16.

For their Affirmative Defenses, Defendants urge that Plaintiff has been selective, abusive and arbitrary in its interpretation and enforcement of the Controlling Provisions, so as to single out Defendants for any purported violations while ignoring similar or identical acts when committed by other owners, including the current President, Vice-President, and other members of the Board, showing that such purported violations are in fact no cause for filing this action. The Controlling Provisions should be interpreted in such a manner as Plaintiff applies them to all owners at Fountain Court, not merely as it applies them to Defendants.

17.

Furthermore, Defendants urge that any actual violations they have committed were long ago remedied and that their inclusion in this suit is frivolous.

18.

Defendants further urge that Plaintiff has failed to specify any irreparable damage it may be suffering and has therefore failed to supply the minimum necessary requirements for issuance of any injunction.

Reconventional Demand

(TFOI's explanation - This is the counter lawsuit against FCCA)

19.

Now appearing in the capacity of Plaintiff In Reconvention, Suzanne Halprin prays that she be granted relief in the form of specific performance and damages as set forth below.

20.

As an owner at Fountain Court, Suzanne Halprin is entitled to specific performance of the Controlling Provisions, which have contractual force between her and the FCCA. Therefore, Plaintiff In Reconvention requests that the FCCA be ordered to:

a) Provide a yearly independently audited financial statement as required by the by-laws and Controlling Provisions of the FCCA.

b) Hold an election with a quorum of votes from the owners at Fountain Court to elect a board as provided for in precisely the manner set forth within the by-laws and Controlling Provisions of the FCCA.

c) Dissolve the current board, which is improperly constituted and was improperly elected;

d) Return responsibility for managing all FCCA funds to the Treasurer of the board, because such responsibility has been delegated the management company hired by the FCCA, in violation of the by-laws and Controlling Provisions of the FCCA.

e) Enforce all by-laws, rules and regulations equally and impartially with respect to every owner, tenant and occupant at Fountain Court.

f) Repair Plaintiff In Reconvention's unit in accordance with the FCCA's responsibilities as set forth in the by-laws and Controlling Provisions of the FCCA, with particularity repairing the leaking roof above her unit, repairing all elements of her unit that have been damaged as a result of the leaking roof, and repairing the leaking wall, vapor barrier and other elements causing ongoing damage to her unit.

21.

In the alternative to Paragraph 20(f), Plaintiff In Reconvention requests that she be awarded a monetary sum equivalent in value to the specific performance requested in Paragraph 20(f) above.

22.

Plaintiff In Reconvention furthermore requests that she be awarded any and all attorney's fees incurred in this matter.

WHEREFORE, Leonard Vasbinder and Suzanne Halprin urge that the Fountain Court Condominium Association be cited and served with this Answer and Reconventional Demand, and that after due proceedings are had, Plaintiff's action be dismissed, with prejudice, at Plaintiff's cost; that all relief requested in the original and First Amended Petitions be denied; and that an order issue granting specific performance of all Controlling Provisions as
requested herein; and that they be awarded court costs, judicial interest, attorney's fees and all such damages as are warranted herein.

Respectfully submitted,
(END OF COPY/PASTE)

So... as you see, the many illegal, unlawful, unethical and immoral activities of the current illegally elected Board and Officers has been legally pointed out in Court filings now so they can no longer hide behind their own ignorance for their failing to read the by-laws. My understanding is that there will be at least a couple of more lawsuits filed against FCCA
in the very near future. Stay tuned for more information as it becomes available in the public record.

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

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742

Advertisement:
Lenny Vasbinder NHSNOLA@gmail.com
Cell-504-621-1870 Fax-413-318-0742
http://www.NeighborhoodHomeServices.com
P.O.Box 74031, Metairie, LA 70033-4031
Handyman Services, Lawn & Garden Care, Residential Contractor, General Cleaning & Trash Hauling, Etc.

The Fountain Of Information - 4/21/2009 - "WHY DON'T YOU JUST GET OUT?... THAT'S WHAT WE WANT!"

As many of you already know, there is active litigation (the first of a couple of lawsuits to come) going on between FCCA versus Suzanne Halprin and myself... and vice versa.

FCCA, through their attorney, Clarence Favret III, took my deposition on Monday, April 13, 2009. While the deposition is a total of 90 pages, I am going to report the exchange that took place at one point in the deposition which pretty much confirms the fact that FCCA, the Board and manager admit that they have been harassing Suzanne Halprin and me for the past ten months because "they" (the Board/manager) want me out of FCCA, mainly since I report the truth about what they are doing. This exchange will also further my efforts to have the ACLU join in our case against FCCA for FCCA's attempts to silence "The Fountain Of Information" so they (FCCA Board/manager) can do what they want to folks around here with little or no opposition to their sometimes illegal, immoral and unethical activities.

This is why the title to this issue is called "WHY DON'T YOU JUST GET OUT?... THAT'S WHAT WE WANT!", since that is what Clarence Favret III asked me and told me in my deposition in a LOUD voice when he realized he wasn't intimidating me.

Here is the actual verbatim exchange from the printed deposition:

Q = Question by Clarence Favret III on behalf of FCCA and Alcor since Al Oglesby was there and continually conferred with Favret.
A = Answer by Lenny Vasbinder

...

Q. Do you have to live there?
A. Right now, yeah.

Q. Why?
A. That's where I live.

Q. You can't go get your own place? (there was no "you" in the printed deposition)
A. Why would I want to?

Q. Because it's such a bad place to live?
A. It's not a bad place. It could be better, though.

Q. No, I'm asking you.
A. I love America. America needs -- (to change some of the government actions that are going on right now but I'm not going to leave America because of these actions... I choose to stay here and fight for our country to be GREAT once again!)

Q. Answer my question, Mr. Vasbinder. Do you have to live there?
A. I have to live in America.

Q. Do you have to live in this particular condominium building?
A. Right now I do, yes.

Q. Why? Why do you have to live there?
A. Because that's where I live. It's where I choose to live.

Q. Why do you have to live there?
A. It's where I choose to live.

Q. But you feel comfortable calling the manager all these names, using all these words, thinking that the board screws the owners and all that, but you still want to stay there?
A. And because -- Yes.

Q. You're enjoying this, huh?
A. No, I don't enjoy it. For a year, I didn't publish anything because they weren't screwing people over, but once they started screwing -- When Ryan -- When Ryan --

Q. Why don't you just move? Why don't you move? Why don't you just get out?
A. No.

Q. That's what we want!
A. I know that's what you want.

Q. That's why you're staying.
A. That's why I'm not (moving).

Q. That's right.
A. You're right.

Q. That's right.
A. You're absolutely right.

Q. You got it. You got it.
A. When Ryan (Lee, the President of FCCA) came out in his underwear and told me (and another female resident) to shut up and go inside, that just so happens to be a couple of days before this newsletter went out (and you all started harassing Suzanne and me).

...

I added a few things in parentheses ( ) to help clarify what was being said since I am only printing a couple of pages of the 90 page deposition.

More info about the countersuit and other illegal activities of the Board/manager will be coming soon!

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

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742

Advertisement:
Lenny Vasbinder NHSNOLA@gmail.com
Cell-504-621-1870 Fax-413-318-0742
http://www.NeighborhoodHomeServices.com
P.O.Box 74031, Metairie, LA 70033-4031
Handyman Services, Lawn & Garden Care, Residential Contractor, General
Cleaning & Trash Hauling, Etc.

RE: [Fountain_Court_Condos_Metairie_LA] FOUNTAIN COURT CONDOS - BREAKING NEWS UPDATE!!!

Hi George,

It's good to hear from you again. I see you replied to me directly and also to the Yahoo Group but if you have not joined the Yahoo Group, your reply to the group will bounce back to you. By this reply, I am forwarding a copy of your reply to the group since you wanted your reply to go to the group. You can join the group by going to
http://groups.yahoo.com/group/fountain_court_condos_metairie_la or send an email to fountain_court_condos_metairie_la-subscribe@yahoogroups.com which will start the join process via email.

Now to your reply...

What do you feel the same about? I'm just asking since there was a lot covered below and I'm curious if you were replying to my information.... or the questions asked by one owner, "> what do you want?? > what is your point?? > i really don t understand."

I do agree with you that a lot of people do not say anything due to the apathy level around FCCA... only 15 owners/tenants at the last Annual Meeting. I think most folks would prefer that the Board and manager start doing things RIGHT and follow all of the rules and bylaws and only enforce rules/bylaws if they are going to enforce them equally and fairly and not just selectively enforce rules against people that ask questions about what they are doing. They try to do this to beat/harass people into submission/apathy... which is what has led to so many of the problems around FCCA.

That is ALL about to change though, now that Suzanne and I are suing FCCA and the Board to force them to start abiding by the bylaws.... mainly to hold proper and legal elections and to start having the books audited on an annual basis as is required by the bylaws... but the current Board/manager and past Boards/managers have refused to have this done for more than 10
years. Who knows what an audit will reveal??? There are at least two more lawsuits that we will be filing in the near future that will reveal more of the wrongdoings of the Board/manager.

If other owners would like to join us as co-plaintiffs in the lawsuit and also help spread out any legal costs, this will be greatly appreciated and further show the Board/manager that some of the owners are just and sick-and-tired as Suzanne is about the way they do things around here
sometimes... like when they refuse to let any owner attend their monthly/quarterly board meetings unless you are in their clique.

I have also requested that the ACLU get involved again since the Board/manager are trying to shut down "The Fountain Of Information" with their actions and the ACLU is BIG on Freedom Of The Press... one of our many Constitutional rights.

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742

Advertisement:
Lenny Vasbinder NHSNOLA@gmail.com
Cell-504-621-1870 Fax-413-318-0742
http://www.NeighborhoodHomeServices.com
P.O.Box 74031, Metairie, LA 70033-4031
Handyman Services, Lawn & Garden Care, Residential Contractor, General Cleaning & Trash Hauling, Etc.

-----Original Message-----
From: George Morales
Sent: Saturday, April 18, 2009 12:24 PM
To: TFOI; Fountain_Court_Condos_Metairie_LA@yahoogroups.com
Subject: Re: [Fountain_Court_Condos_Metairie_LA] FOUNTAIN COURT CONDOS -
BREAKING NEWS UPDATE!!!

I think a lot of people feel the same and are not saying anything.

Re: [Fountain_Court_Condos_Metairie_LA] FOUNTAIN COURT CONDOS - BREAKING NEWS UPDATE!!!

While I am still encouraging everyone on my FCCA email list to join the Yahoo Group set up for the owners as an online bulletin board at http://groups.yahoo.com/group/fountain_court_condos_metairie_la, the change has been moving slowly and many owners still reply to me directly. I am posting their replies and my replies back to them for all to enjoy and learn from. If you have not joined the Fountain Court Yahoo Group yet, please do so as it's much easier and allows you to communicate with the other owners directly.

-----------------------

One owners asked these three questions:

what do you want??
what is your point??
i really don t understand.

And my reply:

I'm just reporting information as it becomes available.

Most owners like to know if, when and/or how the Board and manager are wasting THEIR money. An update to this breaking news will be coming out in the next day or two with more info and more evidence of how the Board and manager are wasting YOUR money.

What don't you understand? Let me know and I'll try to clarify.

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742

--------------------

Another owner replied:

Did you win a judgement from fountain Court Condo Assoc.? What is the $500,000 Judgement for?

And my reply:

My report stands on its merits but in answer to your email, I will elaborate a little more. Here is exactly what I said in the initial report.

"... the illegal activities of YOUR Board and manager will result in a Judgment of over $500,000.00 that will then have to be assessed to each owner...".

Since the Board and manager insisted on being petty and nit-picky and selectively enforcing rules against Suzanne and I, and as I will point out shortly in a follow-up article, using illegal rules and actions while doing so, this has forced Suzanne and I to get our own attorney(s) and we are now counter-suing FCCA. We have already filed the first lawsuit asking the Judge to order FCCA, the Board and manager to follow ALL of the rules and bylaws and to quit harassing us by selectively enforcing rules/bylaws against us. We will also be filing other lawsuits against FCCA in the coming months and one or more of these WILL result in a LARGE judgment against FCCA which will then have to be paid by the owners since I do not know of any insurance that will cover the judgment. FCCA's normal liability insurance will not cover the judgment, nor will the errors and omissions coverage, since the judgment will be a result of intentional acts by YOUR
Board and manager... and intentional acts are not covered by most insurance policies.

So far, in the past couple of months, YOUR Board and manager have probably spent around $10,000.00 in legal fees and as we have pointed out in court filings, neither of them bothered to read or follow the bylaws so all of the rules that they are suing us for are ILLEGAL rules and all of the lawsuit based on those rules will be thrown out. Further, I have found SERIOUS
violations of other extremely pertinent sections of the bylaws and as shown in our court filings, the Officers and Board at FCCA have been illegally elected over the past ten or so years so there may be issues with every thing done by the illegal Boards and Officers in the past.

There are other owners who are also contemplating suing FCCA Board and manager for failing to repair things that are caused by defects/deterioration of the common elements.

Simply put, our lawsuit(s) are just the tip of the ice burg of what will be happening around here in the coming months and years. And if the Board continue to do illegal actions and try to fight these lawsuits instead of just start doing things RIGHT, they will waste tens of thousands of dollars of YOUR money in legal fees. They claim that the lawyer is giving them this advice but the lawyer for FCCA has a vested interest in continuing the litigation since he gets to rack up HUGE legal fees that ALL OF YOU HAVE TO PAY.

I tried to resolve this by doing the Petition to make the board start following the rules but many owners, including yourself "didn't want to get involved" so now you will all have to pay legal fees and eventually a HUGE judgment because of the illegal actions by the Board and their selective
harassment of Suzanne and I. It would have been in the best interest of the owners to get involved and MAKE the Board start doing things RIGHT and being FAIR but not enough of you wanted to get involved so now it's going to be fought over in the Courts. Our attorneys will be representing us mostly for free since we will be seeking damages against FCCA and they will get a percentage. YOUR attorneys will be charging you all $200.00 an hour or more. So far, YOUR Board and manager have spent FIFTEEN THOUSAND DOLLARS ($15,000.00) coming after me and we've just started.... all because I started "The Fountain Of Information" and exposed them when they were trying to steal/hide over $250,000.00 of insurance money from the flood victims of Katrina and now because I expose the other illegal activities that they are doing.

WHAT A WASTE OF MONEY... ON ATTORNEYS FEES... THAT SHOULD BE SPENT FIXING
THINGS AROUND HERE, like the leaking walls and rotting wood framing of the buildings.... but they'd rather waste YOUR money trying to enforce their illegal rules and actions... rather than follow the bylaws and do things legally.

If you would like to change your position in signing the petition and help us go around getting even more signatures, let me know. If the owners would stand up and force the Board to start doing things RIGHT around here, it could lower the legal costs and eventual judgment against FCCA by a HUGE amount in the coming months and years.

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742

-----Original Message-----
From: Fountain_Court_Condos_Metairie_LA@yahoogroups.com
[mailto:Fountain_Court_Condos_Metairie_LA@yahoogroups.com] On Behalf Of TFOI
Sent: Monday, April 13, 2009 11:08 AM
To: fountain_court_condos_metairie_la@yahoogroups.com
Subject: [Fountain_Court_Condos_Metairie_LA] FOUNTAIN COURT CONDOS -
BREAKING NEWS UPDATE!!!

THE FOUNTAIN OF INFORMATION - MONDAY, APRIL 13, 2009

As many of you already know, there has been a LOT of legal and illegal activities by the Board and manager, Al "Hitlersby" Oglesby, from The Alcor Group, in the past two years.

The term "legal" means that the Board and manager have been trying to take legal actions against certain owners and residents that they do not like... an immoral and unethical abuse of their power at best... or outright illegal, unlawful and tortuous harassment at worst... which could make all of the owners at Fountain Court liable for damages if these illegal activities are not covered by insurance. Usually, intentional acts are not covered by insurance so I don't think these will be either. I'm sorry to say that each owner will have to PAY a large assessment to cover YOUR Board and manager's illegal activities. At least you all can sue Alcor to try and
recover your losses when all is said and done. BTW... I know a good attorney who might be able to take your case... and it's NOT the one YOUR Board and manager are wasting your money on right now! His name is Clarence Favret III and all he is doing is racking up legal fees giving YOUR Board and manager BAD advice.

As many of you know, back in 2007, the old Board and newly hired manager, Al "Hitlersby" Oglesby, sued the editor of The Fountain Of Information and did NOT prevail in their lawsuit. The also sued the legal owner of the unit where I was living and after fighting the lawsuit for a couple of months, that owner decided to surrender and refused to renew my lease which
ultimately led to my moving to another unit.... so the Board and wannabe manager spent around $5,000.00 of YOUR money in legal fees and court costs and did not get anything for YOUR money.

For the past two years, I've been busy watching the illegal activities of the Board and manager, gathering my facts and information and I started putting pressure on them to do the right thing... but they didn't... instead, they decided to resurrect their two year old lawsuit that has been sitting stagnant and they are NOW, once again, wasting YOUR money on legal fees and court costs trying to sue me into submission. I guess they didn't learn in the past four years that when someone (i.e. - Chet the former manager, Sultan the former President and all of the other former Board Members) tries to push me, I push back even harder!!!! This is what is happening now.

In the coming days, weeks and months, YOUR Board will end up spending tens of thousands of dollars of YOUR money in trying to shut me up. Note that I say "trying" because they simply will not prevail. In fact, as will be filed into public record soon when my legal team starts filing our pleadings in the lawsuit, it will prove that the Board has been acting illegally, not only it's selective enforcement of their so-called Rules and Regulations but also that the entire Board is illegal and so are all of the Rules and Regulations that they are trying to illegally enforce.

When all is said and done in this spider's web of legal matters, YOUR Boardand manager will have wasted tens of thousands of dollars of YOUR money in legal fees and it will be proven to YOU that YOU ALL have wasted over $50,000.00 in management fees and $15,000.00 in legal fees for a manager and a lawyer that NEVER READ THE BYLAWS. That's right... if they had read the bylaws, they would know what I am talking about right now and that their actions are illegal and unenforceable.

Further, because the majority of the owners have sat back and played Ostrich... that is, sticking your heads in the sand while the Tiger is sneaking up on you to bite your ass off... the illegal activities of YOUR Board and manager will result in a Judgment of over $500,000.00 that will
then have to be assessed to each owner... meaning each owner will have to pay an assessment of over $5,000.00 because YOUR Board and manager did SO MANY illegal activities in the past four years.

Hopefully, YOU ALL will have the fortitude to sue your Board and manager in order to force the insurance companies to pay this $500,000.00 Judgment so you all do not have to pay it out of each of your pockets.

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

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742

Advertisement:
Lenny Vasbinder NHSNOLA@gmail.com
Cell-504-621-1870 Fax-413-318-0742
http://www.NeighborhoodHomeServices.com
P.O.Box 74031, Metairie, LA 70033-4031
Handyman Services, Lawn & Garden Care, Residential Contractor, General
Cleaning & Trash Hauling, Etc.

[Fountain_Court_Condos_Metairie_LA] Recent Sales Of Condos At Fountain Court - per NOLA.com / Times-Picayune

http://www.nola.com/timespic/stories/index.ssf?/base/living-0/12394273495856
0.xml&coll=1&thispage=7

Saturday, April 11, 2009

E. JEFFERSON

Transfers filed March 20-27

Veterans Blvd. 6901, Unit 84. Marvin A. Vides and Jackeline R. Vides to Mona J. Gibson, $121,000.

We are sorry to see Marvin and Jackie leave and with them the best in their new home.
____________

Last week, another sale published in the real estate section of NOLA.com listed only 6901 Veterans Blvd., BUT no unit number. Here is the listing:

http://www.nola.com/realestate/t-p/index.ssf?/base/money-2/1238822676157190.
xml&coll=1&thispage=8

Saturday, April 04, 2009

E. JEFFERSON

Transfers filed March 13-19

Veterans Memorial Blvd. 6901. Luisa F. Soto to DAT Properties LLC, $50,000.

I'm not sure if I even knew Luisa Soto but I wish her the best in her new home.

To the new owners/residents, welcome to the neighborhood!

Lenny Vasbinder, Editor
The Fountain Of Information
http://thefountainofinformation.blogspot.com

[Fountain_Court_Condos_Metairie_LA] PETITION TO FCCA OWNERS AND RESIDENTS ABOUT THE BOARD AND MANAGER FOLLOWING THE BYLAWS AND RULES AND ENFORCING THEM EQUALLY AND FAIRLY

If you agree with the below petition, please print it and sign it as anowner and have any residents in your unit also sign it. You can either scan it back into your computer and email it back to me at fountain_court_condos_metairie_la-owner@yahoogroups.com or my regular email address. You can also just mail me a printed copy with your signature(s) to my unit #65 at Fountain Court.

Thanks

Suzie Halprin
suziehomemakers@gmail.com

PETITION TO FOUNTAIN COURT CONDOMINIUM ASSOCIATION (FCCA) OWNERS AND
RESIDENTS:

It has come to our attention that the current FCCA Board and Manager are not following all of the rules and by-laws and are also selectively enforcing certain rules or by-laws against certain owners/residents while allowing themselves or other owners/residents to violate these same rules or by-laws.

We DO NOT think this if fair and are hereby gathering signatures from owners/residents asking the current and future Boards and Managers of FCCA to follow all of the rules and by-laws and to fairly and equally enforce any rules or by-laws and NOT TO DISCRIMINATE against certain owners/residents.

If you think this is a fair request, please support this petition by signing below, including your unit number, signature (also write name if not legible) and phone number. Thank you for your support in trying to keep things fair and equal around FCCA:

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

Unit _____ - ___________________________________________

[Fountain_Court_Condos_Metairie_LA] 10 Things Your HOA Won't Tell You

This was sent to me and I thought I would share it with the group. WOW... So many of these 10 things are SOOOOO applicable to what the Board and Alcor / Al Oglesby are trying to do to me. This was written back in 1994 and I SOOOOO wish I would have read it back then.

I hope some of you fellow owners and residents will stick up for me as you know I will stick up for you if they ever come after you.

Suzie #65

-----Original Message-----
Sent: Tuesday, March 10, 2009 9:23 PM
To: suziehomemakers@gmail.com
Subject: 10 Things Your HOA Won't Tell You

TEN THINGS YOUR HOMEOWNER'S ASSOCIATION WON'T TELL YOU December 01, 1994

By Nellie S. Huang (a Wall Street Journal Reporter) Copyright 1994 SmartMoney.

New York, New York -
1."We can't wait to get our hands on YOUR MONEY -- or even your home."
2."We're more SECRETIVE than the CIA."
3."When in doubt, we SUE."
4."You won't be able to SELL when you want."
5."We're POORER than we look."
6."We make up the RULES as we go along."
7."We don't want you at our MEETINGS."
8."We're in OVER our heads."
9."We work for nothing, but we're COMPENSATED in other ways."
10."We're incredibly PETTY."

1. "We Can't Wait to Get Our Hands on Your Money -- Or Even Your Home."

A gardening violation. That's what landed Jeffrey DeMarco in hot water with his Rancho Santa Fe, Calif., homeowners association a few years ago: He planted too many roses on his four-acre property. Peeved, the association fined him monthly and sat back as the bills mounted. Then it placed a lien on his property and threatened to foreclose, according to DeMarco.

He took the board to court, but lost on the grounds that he had violated the association's architectural design rules. (In addition to planting roses, he also had regraded the site.) In the end, he got stuck with the association's $70,000 legal bill and lost his home to the bank. "Mr. DeMarco came into the community and wanted to step outside the rules," says Walt Ekard, the
association manager. "That's a detriment to everyone."

Think it couldn't happen to you? Think again. Many people who belong to homeowners associations do not understand just how much power these groups have over them -- until they miss a payment or otherwise run afoul of the board. Fall a single day behind in paying your monthly dues, for instance, and the association may slap you with a fine. Fall 90 days behind and it may place a lien on your home and threaten to foreclose unless you pay up immediately. And because you often hand over the right of property trustee to the association when you agree to the by-laws, in some cases "you don't even get to go to court," says Evan McKenzie, a lawyer turned political science professor in Chicago and the author of Privatopia: Homeowner
Associations and the Rise of Residential Private Government.

Your best defense, if you can afford it: paying what the association says you owe, then arguing. Most associations work on a "balance forward" accounting system, in which your payments go toward the outstanding balance. By delaying, you'll just accumulate more late fees.

2. "We're More Secretive Than the CIA."

Like corporate boards, which have a fiduciary responsibility to make disclosures to shareholders, a homeowners association board is supposed to be upfront with its members. But all too often, boards play things close to the vest. "The board will say everything is confidential and they can't tell you anything," says Willowdean Vance, president of the American Homeowner
Association, a consumer group based in Lake Forest, Calif. "They're just on a power trip and it's absolutely deceitful."

Some boards can be impossibly stubborn about disclosure. When a few members of the Columbia Foundation, a Maryland homeowners association, tried to gather some information, another faction of the board was so miffed at not being consulted first, that they went so far as to try and impose a rule that would have required members to get permission from the entire board before asking an outside agency for information. Larry Holzman, an attorney with Ochs, Holzman and Rosen, a firm specializing in homeowners litigation, says the rule was voted down only after a major publicity campaign put forth by the Maryland Homeowners Association.

Homeowners who feel shut out should first write a letter to the board formally requesting access to the records, suggests Debra Bass, a spokeswoman for the Community Associations Institute. If the board is still mum, "ask for a letter from the association attorney that explains why you
can't see the records," she adds. And if you still aren't satisfied with the board's response, move somewhere else, or hire a lawyer and sue. "The entire budget should be open and available to every homeowner," says Bass. "It should not be kept a secret."

3. "When in Doubt, We Sue."

Board members will tell you that the last thing they want is to go to court. But it happens all the time. Experts estimate that in California, 75% of the homeowners associations are embroiled in a legal tangle of some kind. Chicago attorney Mark Pearlstein, who represents associations, figures that 60% of all condo boards and homeowners associations in Illinois are involved in some kind of legal suit.

It's partly a reflection of our increasingly litigious society. But that's not the only reason. "The association lawyers tell the board to enforce every rule," says author Evan McKenzie. "They say, 'If you make one exception, the whole neighborhood falls into chaos.' But who gets paid every
time you take an owner to court?"

The lawyers, of course. But the litigation option can be hard for board members to resist. For instance, Margurette Nicholson was board president in 1991 when her association in Portola Hills, Calif., took a neighbor to court for installing a satellite dish in his backyard. "Nobody wanted to take this thing to court," says Nicholson. "But one of the homeowners was a lawyer and she was friends with the association's lawyer. They both campaigned for it. They both said we would win. I knew we wouldn't." Indeed, the owner's lawyer argued that the rule infringed on his client's First Amendment rights and he won. The board's legal fees: more than $40,000.

4. "You Won't Be Able to Sell When You Want."

Besides being expensive, lawsuits often mean that you won't be able to sell you home when the time comes to move. "Would you want to go out and buy a property that was in the middle of a lawsuit?" asks Oliver Burford, executive director of the Executive Council of Homeowners, a trade group for California associations. "I wouldn't."

Naturally, banks don't like lending money for homes on which lawsuits are pending, either. But there are exceptions. "There will always be some lenders who are willing to lend you the money," says Larry Holzman, a Maryland attorney. "The problem is you will not be able to get the same rates set up because banks have very strict lending criteria." If you find out a condo you're interested in is embroiled in litigation, use that information to negotiate a lower price, Holzman advises. If you're the seller of such a property, you'd better not hold out for top dollar.

5. "We're Poorer Than We Look."

Every association has a reserve fund. It's like a savings account, and it's meant to be tapped when things go wrong or the property falls into disrepair. But often these funds are in terrible shape themselves.

Ron Williams, an engineer with R.J. Moore, a consulting company that specializes in reserve accounting, once worked with a Northern Virginia condominium that had a paltry $100,000 set aside. "Closer to $1.25 million would have been considered healthy," says Williams. When power-plant equipment gave out in early 1994, the association didn't have the $400,000
needed to replace it. The solution: A $2,400 special assessment to each of the 170 unit owners and a 22% increase in monthly dues.

When it comes to checking up on a reserve fund, there are two good rules of thumb. First, about 20% to 25% of your dues should go toward the reserve fund, says Robert Nordlund, president of Association Reserves, a California company that specializes in reserve accounting. Second, there should be a long-term schedule for the reserve fund in the annual budget, including a projection of upcoming expenses for each common-area item: elevator repairs, painting, pool maintenance and so on. Reserve accountants suggest that the account should contain no less than 70% of the projected reserve budget. If the account is 30% funded or less, you can expect to be hit with some big assessments down the road.

6. "We Can Make Up the Rules as We Go Along."

By law, a majority of the homeowners in an association have to approve any change in the bylaws. But many boards sidestep this by simply changing their house rules, which are as binding as bylaws but can usually be rewritten without asking all the homeowners. "Even if you were to be given the rules today, they're probably already out of date because [boards are] constantly making changes to the rules at whim," says Elizabeth McMahon, a co-founder
of the American Homeowners' Resource Center, a San Juan Capistrano, Calif., consumer group. "And they couldn't care less if you don't like them."

At the Reston (Va.) Homeowners Association, for instance, only residents who used the swimming pools and tennis courts had to pay for their upkeep. But then in 1990, the board decided everyone ought to chip in, and it polled members. More than 70% of those who voted opposed the new rule, but it didn't matter. In the end, the board pushed it through anyway, and fees climbed 26%. "They disregarded the will of the people," says Thierry Gaudin, a Reston homeowner, "and that was wrong."

It may be wrong, but it's the board's right. Period. "Bottom line, the board has to have the right to run the show," says attorney Benny Kass, who represents associations. About all you can do is keep up to speed on any changes the board makes in the rules, and if you don't like them, complain. The sooner you raise a fuss, the better: Rules that have been around for a
while tend to be the hardest to change.

7."We Don't Want You at Our Meetings."

Monthly meetings are open to all homeowners. At least in theory. "A lot of times, however, meetings are moved at the last minute to limit the questions from homeowners or to keep information from them," says Willowdean Vance, president of the American Homeowner Association, a consumer group based in Lake Forest, Calif., which has fielded a number of complaints from homeowners who were shut out of meetings.

Even when you can attend, the board may not acknowledge you. "Board members won't come out and say that they don't want you at their meetings," says Vicki Satern, co-founder of Common Ownership Alliance, a Washington, D.C., consumer group. "But basically, that's what their goal is."

She knows from firsthand experience. The board at her Virginia vacation home once decided to hire a new management company. The problem: "They cost double the money," says Satern. "They wanted 6% of refurbishing contracts, 10% on engineering contracts, plus we had to buy their copyrighted software and the equipment to use it."

Outraged, Satern raised her hand at a board meeting. "They ignored me," she says. "Finally, I just spoke up. They yelled at me and said I was not allowed to speak." The new management company was hired.

"When you come to a board meeting," says B. William Smink, the association's attorney, "you can sit, you can observe, but you cannot speak because the board is there to exercise its business judgment. And that's in compliance with national an state community-association laws." Satern would have done better, according to Smink, if she had contacted the board members
individually before or after the meeting.

Other options for homeowners who feel ignored: "Put your complaint in writing," says attorney Michael Nagle, who represents associations. "That's hard to ignore." If that gets you nowhere, petition other homeowners and call a special meeting to discuss the issue or to remove some of the board members. "And if it's really bad, take the board to court," suggests Nagle.

8. "We're in Over Our Heads."

Most board members are volunteers, and they generally get their training on the job. Sometimes their inexperience means they bungle the bookkeeping, resulting in higher fees or assessments. Sometimes they fail to do their homework on outside contractors, meaning that you get shoddy workmanship in your common areas. And sometimes, as Mary Lindsey knows all too well, they
can cause much bigger problems.

While involved in a divorce in 1992, the Pomona, Calif., family therapist fell behind in her monthly dues. Back dues, late fees and interest quickly mushroomed, so Lindsey tried to work out a payment plan with the board and a credit-counseling service. But they couldn't agree on exactly how much was owed. "I thought I owed them less than $800," says Lindsey. "They said it was over $1,000." The dispute wound up in court as the association threatened to foreclose on her home.

In the end, it turned out that Lindsey was right about the money she owed. The board had goofed. But the association won its lawsuit anyway. The judge ruled that she was wrong not to make back payments while the matter was in dispute. To her dismay, Lindsey was left with a $22,000 bill for the association's legal costs, late fees and interest.

9. "We Work for Nothing but Get Compensated in Other Ways."

Being on the board is a thankless job, board members will tell you. That's probably true much of the time. But strictly speaking, it's not always so. The thanks they often get may surprise you.

Special favors and perks for board members are fairly common. The potential for abuse is inherent in the way these things are organized. The board members give themselves and their friends privileges and they never get hassled. The worst-case scenario: The board retains a contractor and board members get kickbacks.

"This goes on, no question," says Virginia real estate attorney Fredrick H. Goldbecker. "It's usually done legally, so it's bulletproof, but that doesn't make it right. "When the roof needs repairing, for example, "the board says the work needs to be done a certain way, and the only roofer in town who can do it that way is related to a board member," Goldbecker says.

Because many associations have no formal system of checks and balances, homeowners often have no idea how their boards make decisions about contractors. About all you can do is keep a careful eye on the board. Big expenditures, no matter how mundane, are worth looking into.

10. "We're Incredibly Petty."

In many associations being hard-nosed about the rules is practically the board's raison d'etre. "Some of these board members have nothing better to do. So instead of taking care of the property, they censor people's lifestyles," says Vicki Satern of Common Ownership Alliance. She needn't tell Allen Warshaw. To ward off a neighbor who had attacked him with a log, he asked his Rockville, Md., board to bend the rules. He wanted a six-foot fence, two feet taller than allowed. When the application was denied, he sued -- and lost. Warshaw wound up with the association's bills, too. The total: $23,000 in legal fees, court costs and interest.

Humbled but determined, he built a shorter fence. "I wasn't really worried because the board had told me that they don't go out and measure fences," he says. As soon as the fence was up, several board members walked over to Warshaw's yard and measured it. And indeed, in some areas the fence was a few inches over four feet. The dispute continued. "They put a lien on my
property," Warshaw says. "They took all my savings, and they're garnishing my paycheck. It's like I am a common criminal. It has been devastating." Says Jeffrey Van Grack, the association's attorney: "The board made numerous offers to try to work out the payments, but Mr. Warshaw refused."

Sometimes the pettiness is more subtle. When one Virginia homeowner asked for permission to hang Christmas tree lights in 1992, the board didn't like the idea but didn't know how to prevent it. "We struggled with this one," says lawyer Benny Kass, who represented the association. "But we finally concluded that the restriction against hanging lights was valid because you were pounding nails into the wood, and that was a fire hazard." Ho-ho-ho.

From the Author :
November 17, 1994

Dear Elizabeth::

Thank you very much for all of your help. I hope you like the way the story came out. Would you please pass a copy on to Pat English for me? I don't
have her address.

Thanks.
Nellie S. Huang
Wall Street Journal

FOUNTAIN COURT CONDOS - BREAKING NEWS UPDATE!!!

THE FOUNTAIN OF INFORMATION - MONDAY, APRIL 13, 2009

As many of you already know, there has been a LOT of legal and illegal activities by the Board and manager, Al "Hitlersby" Oglesby, from The Alcor Group, in the past two years.

The term "legal" means that the Board and manager have been trying to take legal actions against certain owners and residents that they do not like... an immoral and unethical abuse of their power at best... or outright illegal, unlawful and tortuous harassment at worst... which could make all of the owners at Fountain Court liable for damages if these illegal activities are not covered by insurance. Usually, intentional acts are not covered by insurance so I don't think these will be either. I'm sorry to say that each owner will have to PAY a large assessment to cover YOUR Board and manager's illegal activities. At least you all can sue Alcor to try and
recover your losses when all is said and done. BTW... I know a good attorney who might be able to take your case... and it's NOT the one YOUR Board and manager are wasting your money on right now! His name is Clarence Favret III and all he is doing is racking up legal fees giving YOUR Board and manager BAD advice.

As many of you know, back in 2007, the old Board and newly hired manager, Al "Hitlersby" Oglesby, sued the editor of The Fountain Of Information and did NOT prevail in their lawsuit. The also sued the legal owner of the unit where I was living and after fighting the lawsuit for a couple of months, that owner decided to surrender and refused to renew my lease which
ultimately led to my moving to another unit.... so the Board and wannabe manager spent around $5,000.00 of YOUR money in legal fees and court costs and did not get anything for YOUR money.

For the past two years, I've been busy watching the illegal activities of the Board and manager, gathering my facts and information and I started putting pressure on them to do the right thing... but they didn't... instead, they decided to resurrect their two year old lawsuit that has been sitting stagnant and they are NOW, once again, wasting YOUR money on legal fees and court costs trying to sue me into submission. I guess they didn't learn in the past four years that when someone (i.e. - Chet the former manager, Sultan the former President and all of the other former Board Members) tries to push me, I push back even harder!!!! This is what is
happening now.

In the coming days, weeks and months, YOUR Board will end up spending tens of thousands of dollars of YOUR money in trying to shut me up. Note that I say "trying" because they simply will not prevail. In fact, as will be filed into public record soon when my legal team starts filing our pleadings in the lawsuit, it will prove that the Board has been acting illegally, not only it's selective enforcement of their so-called Rules and Regulations but also that the entire Board is illegal and so are all of the Rules and Regulations that they are trying to illegally enforce.

When all is said and done in this spider's web of legal matters, YOUR Board and manager will have wasted tens of thousands of dollars of YOUR money in legal fees and it will be proven to YOU that YOU ALL have wasted over $50,000.00 in management fees and $15,000.00 in legal fees for a manager and a lawyer that NEVER READ THE BYLAWS. That's right... if they had read the bylaws, they would know what I am talking about right now and that their actions are illegal and unenforceable.

Further, because the majority of the owners have sat back and played Ostrich... that is, sticking your heads in the sand while the Tiger is sneaking up on you to bite your ass off... the illegal activities of YOUR Board and manager will result in a Judgment of over $500,000.00 that will
then have to be assessed to each owner... mean each owner will have to pay an assessment of over $5,000.00 because YOUR Board and manager did SO MANY illegal activities in the past four years.

Hopefully, YOU ALL will have the fortitude to sue your Board and manager in order to force the insurance companies to pay this $500,000.00 Judgment so you all do not have to pay it out of each of your pockets.

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

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742

Advertisement:
Lenny Vasbinder NHSNOLA@gmail.com
Cell-504-621-1870 Fax-413-318-0742
http://www.NeighborhoodHomeServices.com
P.O.Box 74031, Metairie, LA 70033-4031
Handyman Services, Lawn & Garden Care, Residential Contractor, General Cleaning & Trash Hauling, Etc.

New Yahoo Group for Owners/Residents of Fountain Court Condos

Sorry but this was originally sent out via email on March 07, 2009 but I guess it never made it to the blog so I am reposting it today.

You may get an email from the Yahoo Group owner, Suzie Halprin, #65, but just in case your spam filter hides it from you, I wanted to let you all know that this group is now up and running for folks to be able to post their own messages and replies about the going-ons at FCC. See the group's home page at http://groups.yahoo.com/group/Fountain_Court_Condos_Metairie_LA
for more info and if you sign in with your Yahoo ID, you can Join right from the home page on the group. If you do not have a Yahoo ID, you can still join.. I think. I've never tried to join a Yahoo Group without using an ID but it seems like I've seen others that have done it.

If you have any questions, you can email or call me or email or call Suzie at 504-343-6848 or suziehomemakers@gmail.com

I'll still publish and be the editor for The Fountain Of Information but this group will be handled by Suzie and might not be as partisan (in favor of the owners) as I am. ;-)

All unit owners, residents and board members are invited to join and participate.

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742

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Lenny Vasbinder NHSNOLA@gmail.com
Cell-504-621-1870 Fax-413-318-0742
http://www.NeighborhoodHomeServices.com
P.O.Box 74031, Metairie, LA 70033-4031
Handyman Services, Lawn & Garden Care, Residential Contractor, General Cleaning & Trash Hauling, Etc.