HEADLINE - YOUR Board is trying to break the laws again!!!
The following email was sent to me from the owner who is currently involved in litigation, along with me, against the illegal/unlawful actions and activities by the current FCCA Board, manager... and now their attorney. Attachments are NOT attached to this email/post but I have re-printed the contents of those two letters below this email for your ready reference and for publication to the various blogs, bulletin boards, etc... and for the easier forwarding by anyone on this mail list so you can print this for, and/or forward this to other concerned owners/residents of Fountain Court. The only thing not being re-printed with this report are the actual SECTIONS and SUB-SECTIONS referenced in the letters but if you would like a copy of those eight pages, with highlights, please reply and I will forward same to you via email.
Once again, if you would like to see FCCA run properly and legally or maybe you've been the victim of the current BOD's selective harassment or threats, please let us know and/or come join us in our lawsuit against the current FCCA Board to stop them in their tracks.
As Thomas Jefferson said, and it rings so truly not only in our country today... but even more so in FCCA, "When the people fear their government, there is tyranny; when the government fears the people, there is liberty." -- Thomas Jefferson.
Do you want to live in tyranny... fearing retaliation from the Board du jour, as so many do around Fountain Court... or do you want to live with liberty where the Board listens to you and follows the By-laws and rules like they demand that others do???
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.
-----Original Message-----
From: Suzie Halprin
Sent: Saturday, May 02, 2009 11:06 PM
To: al@alcorgroup.com; info@fountaincourtcondos.com; vtunstall@panamericanlife.com; buftun@aol.com; cablenetno@netzero.net
Subject: FCCA vs. Halprin - Your ILLEGAL threat of a LIEN
May 02, 2009
To: Fountain Court Condominium Assn, Inc., through it's Board of Directors and/or other illegally elected/appointed persons, through their known email addresses:
Please see the attached files.
The first attachment is a copy of the letter that FCCA and/or Alcor had Clarence Favret III send to me, threatening to put an ILLEGAL Lien on my property.
Technically, this threat is no different than any other ILLEGAL threat and it should be a criminal matter... no different than if Favret and Alcor were threatening to RAPE me or STEAL my property... which are ILLEGAL! Because of this, I have filed complaints with the proper authorities, including those governmental agencies who regulate, license and/or discipline
attorney's and real estate persons/entities in Louisiana.
The second attachment is a copy of the letter that I have sent to FCCA and its attorney, Clarence Favret III and I have also sent it to Al Oglesby, personally and The Alcor Group, LLC.
Once again, in my reply letter, you will see that the FCCA Board, Alcor and Favret have failed to read the Declarations, By-laws and Rules and/or are seemingly unable to understand them and are thereby attempting to take illegal actions based on sections of the Declarations and By-laws that are clearly written and defined to show that FCCA, Alcor and Favret CAN NOT do what they are attempting to do... once again, wasting the owners money on attorney's fees and eventual court costs while attempting to do, yet another, illegal action.
So far, the FCCA Board has WASTED over $10,000.00 in legal fees pursuing these illegal actions. How much more are the owners willing to let the current FCCA Board waste before doing something???
I have also forwarded, by this email, a copy of these letters to my attorney, Mr. Thomas Schmidt for his reference, in the event that he needs to amend my current counter-lawsuit against FCCA, to add many other co-defendants-in-reconvention.
If the FCCA Board, Alcor and Favret continue with this threat/conspiracy to try and steal my money/property, I will have no choice but to take further legal action above and beyond what I have already done with my counter-lawsuit against FCCA, my filing complaints against Favret and Alcor with the authorities but by also filing an additional lawsuit or amending my current counter-lawsuit to include these new actions that FCCA, Alcor and Favret are trying to ILLEGALLY take against me.
Since I consider, and it will be shown that the current Board is illegally elected/appointed and/or comprised, I will also seriously be considering amending my counter-lawsuit to PERSONALLY include each of the illegally elected/appointed Officers/Board Members and the illegally appointed "At-large Board Members". You all can then start to feel what you have been trying to put me through... or you can rely on Favret to represent you all... that will be your choice.... but since Favret will also be a co-defendant, he may have a conflict of interest in representing you all so you might have to go hire attorneys to represent each of you.
While the illegally elected Officers/Board Members might be covered by the Directors/Officers insurance for Fountain Court, I doubt that the illegally appointed "At-Large Board Members" are covered since those aren't even titles mentioned anywhere in the By-laws or Condo Declarations so I doubt an insurance company would even issue a policy to cover these illegal
positions. I suggest that Alcor, Virginia Tunstall and Jim Roussell forward a copy of this email and attachments to the other illegal "At-Large Board Members" so they will know what will be coming at them soon if you all continue with your illegal actions.
Please notify your attorney and insurance company of this letter and let me know within 10 days if you will be recalling this ILLEGAL threat. Of course, if you all allow Favret/Alcor to file this ILLEGAL Lien on my property, you will leave me no choice but to file suit against each and every one of you and seek damages for the illegal attempt to steal money from me and or seize my property.
Suzanne Halprin
SuzieHomemakers@Gmail.com
6901 Veterans Memorial Blvd., #65
Metairie, LA 70003
(504) 343-6848
-------------------------
Re-print of Attachment #1
April 27, 2009
Suzanne Halprin
6901 Veterans Boulevard
Unit 65
Metairie, LA 70003
Re: Fountain Court Condominium Association, Inc., vs. Suzanne Halprin, Unit 65
Dear Ms. Halprin:
Pursuant to Section IX, ASSESSMENTS, Subsection 9, LIEN FOR DELINQUENT COMMON EXPENSES and on behalf of Fountain Court Condominium Association, we hereby make formal legal demand for payment of all past due amounts due on your Fountain Court Condominium Association account in the amount of $8,829.34.
Pursuant to the above referenced section and subsection, this letter shall serve as seven (7) days prior written notice of the Association's intent to file a lien on your unit ownership interest. After expiration of seven (7) days from the date of receipt of this correspondence, the lien will be filed
and executed upon thereafter unless payment is received in full.
Thank you for your immediate attention to this matter.
With kindest regards,
FAVRET, DEMAREST, RUSSO & LUTKEWITTE
/s/ Clarence F. Favret, III
-------------------------
Re-print of Attachment #2 - Reply by Suzanne Halprin to Clarence Favret, III, the FCCA Board and Alcor/Al Oglesby
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
April 30, 2009
Clarence F. Favret, III
Suite 1400
1515 Poydras Street
New Orleans, LA 70112
Fountain Court Condominium Association, Inc.
c/o its Attorney, Clarence F. Favret, III
Al Oglesby, personally and
The ALCOR Group, L.L.C.
4430 S. I-10 Service Rd., W.
Metairie, LA 70001-1211
Re: Your letter dated April 27, 2009 - Re: Fountain Court Condominium Association, Inc. vs. Suzanne Halprin, Unit 65
Dear Mr. Favret,
I have reviewed your letter and the referenced sections.
Please note. and your letter even underlines the FACT that these sections deal ONLY with unpaid "Common Expenses" and since you should have read the definition of "Common Expenses" in the Declarations document and the By-laws, which you cited, you will see that these are the expenses that are "commonly" shared by all unit owners. a/k/a the monthly condo dues. Please note further, by the monthly statement which you had attached to your letter, that I have ALWAYS paid my monthly condo dues on time. although the Board/Manager may sometimes not post the payments timely or deposit my checks for days or weeks after I deposited them in the official mailbox for such payments.
Your letter is obviously trying to threaten and intimidate me and you are basing your letter on what is clearly stated as "Common Expenses", not the illegal fines and/or attorney's fees that have been illegally added to my account by Alcor. As you already know, the so-called "Rules" that Alcor/FCCA was trying to fine me over were all ILLEGAL rules. which also means that the fines and anything associated with the rules/fines, such as your attorney's fees, are also ILLEGAL.
I am also filing a complaint with the Louisiana Attorney Disciplinary Board for your ILLEGAL threat for which you knew or should have known that "Common Expenses" are NOT the illegal fines/attorney's fees that Alcor/FCCA has tried to charge me, which have ALL been duly and legally contested.
Your letter is just another example of how FCCA, ALCOR and now YOU are trying to threaten, intimidate and harass me. all of which so far, have been based on selective enforcement/harassment of rules/by-laws and/or ILLEGAL actions by all of you.
I trust that this reply and my complaint to the LADB will cause you to retract your threat but if you do go forward with filing a Lien on my property, I will also add this action to my pending lawsuit for additional damages against FCCA and further, I will add Al Oglesby, Alcor and YOU
personally as parties to the lawsuit since you are either giving FCCA horrible advice or just ignoring the law, rules and by-laws in your efforts to pacify FCCA's and Alcor's want or need to try and control people around Fountain Court.. and/or to run up your bill to FCCA. a bill that I as an owner am partially having to pay with my Condo Dues.
Respectfully,
/s/
Suzanne Halprin
6901 Veterans Memorial Blvd., Unit 65
Metairie, LA 70003
504-343-6848
c.c. -
Mr. Thomas Schmidt, Attorney
Copy attached to complaint filed with:
Louisiana Attorney Disciplinary Board
OFFICE OF DISCIPLINARY COUNSEL
4000 S. Sherwood Forest Blvd., Suite 607
Baton Rouge, Louisiana 70816
emailed copy to FCCA and Board Members with known email addresses;
(END OF RE-PRINT OF ATTACHMENTS)
No comments:
Post a Comment