(PLEASE PRINT OUT A COUPLE OF COPIES OF THIS NEWSLETTER AND GIVE IT TO YOUR
NEIGHBORS WHO MAY NOT BE ONLINE)
-- Special Edition --
HEADLINE --
-- Another "Did You Know?" Column --
Did you know that MANY... make that MOST of the "Rules & Regulations,
Exhibit-E", found on the official Fountain Court website at
http://www.fountaincourtcondos.com/rules_regulations/rules%20&%20regulations
.html which the current and past Boards have changed were illegally
changed/amended by the current and past Boards and are therefore NOT legally
enforceable??? This means that all of the fines, rules, threats, harassing
letters, etc... some of which have led to the current lawsuits and
counter-lawsuits, costing the owners TENS OF THOUSANDS OF DOLLARS IN LEGAL
FEES are all based on illegal acts done by past and current Boards, because
they listened to BAD ADVICE from the Manager-du-jour or the Lawyer-du-jour.
Here is why!!!
In the original Declarations (part of the "Complete Set of Original Condo
Documents" also found on the above website link, and after downloading,
scroll down to page 187/187 of that .PDF document, since page 187 is
actually page 1... yes, they scanned the 187 pages in reverse order so you
have to read the pages from the bottom up), you'll see that page 187/187 is
the cover page, then page 186/187 starts the "FOUNTAIN COURT CONDOMINIUM
INDEX" listing ALL of the various entitled documents that make up the 187
pages. On page 186/187, half way down, you'll see "CONDOMINIUM
DECLARATION", which then starts to list the various attachments and exhibits
that make up the Declaration. When you reach the bottom of that page,
scroll up to page 185/187 and start reading down and about half way down on
that page, you'll see that the "Articles of Incorporation - Exhibit C", the
"Bylaw - Exhibit D" and the "Rules and Regulations - Exhibit "E" to the
Condominium Declaration", etc.... SO the Rules and Regulations - Exhibit
"E", ARE PART OF THE ORIGINAL CONDOMINIUM DOCUMENTS AND ONE OF THE MANY
EXHIBITS MADE A PART OF THE ORIGINAL CONDOMINIUM DECLARATIONS.
Now, here is where it gets really interesting and is the reason for this
"Did You Know?" column.
While still looking at that 187 page document, scroll up to page 104/187,
which is Article XI, AMENDMENT, of the Declarations, which is re-printed
here in its entirety:
"The Condominium Declaration and ALL exhibits thereto may be amended in the
following manner:
1. NOTICE: Notice of the subject matter of the proposed amendment in
reasonably detailed form shall be included in the notice of any meeting at
which a proposed amendment is considered.
2. RESOLUTION: A Resolution adopting a proposed amendment may be proposed
by either the Board of Directors of the Association or by the Unit Owners
meeting as members of the Association and after being proposed by either of
such bodies MUST be approved by the Unit Owners. Owners not present at the
meeting considering such amendment may express their approval in writing or
by proxy. Such approvals MUST be by NOT LESS THAN EIGHTY (80%) percent in
number of the Unit Owners.
3. RECORDING: A copy of each amendment shall be certified by at least two
(2) Officers of the Association as having been duly adopted and shall be
effective when filed for record in the Conveyance Records of Jefferson
Parish, Louisiana. Copies of same SHALL be sent to each Unit Owner in the
manner elsewhere provided for the giving of notices but the same shall not
constitute a condition precedent to the effectiveness of such amendment.
(END OF ARTICLE XI)
Now... lets examine what this says.
Yes, the "Declaration and ALL exhibits thereto may be amended" but they have
to follow these specific and simple rules for doing so. Since the "Rules
and Regulations - Exhibit E" are one of the "exhibits" in these original
documents, these same three simple steps have to be followed in order to
amend the "Rules and Regulations - Exhibit E" just as if you were trying to
amend any other part of the Declarations, By-laws, Articles Of
Incorporation, etc.
NEITHER THE PAST OR CURRENT BOARDS HAVE EVER FOLLOWED THESE THREE SIMPLE
STEPS... why not???... because these steps require them to have the owners
VOTE on any amendments or changes and 80% of the owners have to vote YES in
order for the amendment or change to be approved. And remember in
yesterdays, "Did You Know?" column, if the amendment or change is a
"material" or substantial change, like when they did the illegal amendment
lowering the 80% down to only 50% of the owners, then ALL of the Mortgagees
(mortgage companies) must also be in the loop and give their 100% written
approval of the "material" or substantial change to these original
Declarations and ALL exhibits.
Now... there is other language in the By-laws that says that the Board has
the right and authority to "promulgate" new rules and regulations from time
to time... but while they have the right to "promulgate" these rules, the
rules still have to be approved by the Owners by a vote of 80% or more
saying YES to the new rules before they become LAW. NONE OF THE PAST OR
CURRENT BOARDS HAVE DONE THESE THREE SIMPLE STEPS.
Now, lets look at the word, "promulgate".
http://www.merriam-webster.com/dictionary/promulgate - states in part: 2 a:
to make known or public the terms of (a proposed law).
http://en.wikipedia.org/wiki/Promulgation - states in part: Promulgation or
enactment is the act of formally proclaiming or declaring new statutory or
administrative law when it receives final approval. The power to enact laws
lies with authority having appropriate jurisdiction.
http://en.wikipedia.org/wiki/Act_of_Congress - states in part: An act
adopted by simple majorities in both houses of Congress is promulgated, or
given the force of law, in one of the following ways:
-Signature by the President of the United States,
-Inaction by the President after ten days from reception (excluding Sundays)
while the Congress is in session, or
-Reconsideration by the Congress after a presidential veto during its
session. (A bill must receive a 2/3 majority vote in both houses to override
a president's veto).
The President promulgates acts of Congress made by the first two methods. If
an act is made by the third method, the presiding officer of the house that
last reconsidered the act promulgates it.
Now, lets examine what "promulgate" means. In all three of the above
references, "promulgate" does not mean that the Board can just make up or
amend the Declarations, By-laws, Rules and Regulations etc.. by just typing
up an amendment and saying it is so. THEY ARE NOT GOD! They can
"promulgate" (that is "make known or public the terms" OR "formally
proclaim... WHEN IT RECEIVES FINAL APPROVAL" OR even in Washington, D.C.,
"promulgate" has to go through a few steps, including public hearings,
committees and sub-committees, votes of both Houses of Congress,
Presidential approval or Veto, etc., before a newly proposed "law" actually
becomes LAW.
A copy of this "The Fountain Of Information" has also been forwarded to my
Attorney since this research adds a WHOLE NEW TWIST to the current lawsuit
and counter-lawsuit going on. Basically, in my opinion, ALL OF THE RULES,
FINES, ETC., that FCCA are selectively threatening, harassing, intimidating,
fining and ultimately suing us (Suzanne Halprin and myself) over are ALL
ILLEGAL since they were not legally amended and/or enacted according the
Declaration's section dealing with amendments. I wonder how much more of
YOUR money the current Board will waste in Court trying to enforce all of
these illegal rules. Only time will tell but I can assure you that Suzanne
and I are going to continue to fight for the rights of ALL OF THE OWNERS at
Fountain Court so that the current and future Boards will start to follow
the LEGAL rules, like they try to force the rest of us to do with their
ILLEGAL rules.
You know... there's an old saying, "Ignorance is no excuse!", but the
current Board, Manager and their HIGH-PRICED LAWYER (who is milking the
Fountain Court cash cow for all it's worth... raking in over $10,000.00 of
YOUR money in the past two years, most of it in the past two months) would
rather remain ignorant of the above and just keep on doing things illegally,
the way that others have done in the past. There's another old saying,
"Ignorance is bliss!"... so it appears that the current Board, Manager and
their HIGH-PRICED LAWYER are blissfully dancing around together right now
while they continue WASTE YOUR MONEY!!!
IN CONCLUSION, YOUR CURRENT MANAGER AND BOARD HAVE SPENT OVER TEN THOUSANDS
($10,000.00) DOLLARS IN UNNECESSARY LEGAL FEES AND OVER FIFTY THOUSAND
($50,000.00) DOLLARS IN SO-CALLED PROFESSIONAL MANAGEMENT FEES AND BOTH THE
LAWYER AND THE MANAGER HAVE BEEN GIVING HORRIBLE ADVICE TO THE CURRENT
BOARD... ADVICE THAT CONTINUES TO COST EACH AND EVERY OWNER THOUSANDS OF
DOLLARS AND AFTER ALL OF THE CURRENT LAWSUITS AND COMING LAWSUITS ARE
FINISHED, THEY WILL HAVE COST FOUNTAIN COURT OWNERS NEARLY ONE-HALF MILLION
($500,000.00) DOLLARS, MEANING EACH AND EVERY OWNER WILL HAVE TO PAY OVER
FIVE THOUSAND ($5,000.00) DOLLARS IN ADDITIONAL ASSESSMENTS JUST TO COVER
THE COST OF ALL OF THIS LITIGATION... ALL STARTED BY YOUR CURRENT MANAGER
AND BOARD IN THEIR QUEST AND ZEAL TO ILLEGALLY TRY AND CONTROL PEOPLES
LIVES... THINGS THEY ARE NOT ALLOWED TO DO WITHOUT FOLLOWING THOSE DARNED
"THREE SIMPLE STEPS" ABOVE. HOPEFULLY, AFTER ALL IS SAID AND DONE, THE
OWNERS WILL BE ABLE TO SUE THE LAWYER AND MANAGER, AND THEIR INSURANCE
COMPANIES, DUE TO THEIR BAD ADVICE AND RECOVER ALL OF THE OWNER'S MONEY THEY
HAVE WASTED AND CONTINUE TO WASTE.
Until next time... maybe even every day this week... 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.
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