"THE FOUNTAIN OF INFORMATION", Tuesday, May 12, 2009
(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 to 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 to 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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