-- Thursday, June 18, 2009 --
NOTE - Please feel free to forward this to other owners, your mortgagecompany, realty company, attorney or other interested parties that may want to know what is going on around Fountain Court Condos. Also, please print out a couple of copies and distribute them to your neighbors who may not receive this emailed edition. They can request their own emailed copies by sending an email to TheFountainOfInformation@Gmail.com or they can follow us on the web at http://thefountainofinformation.blogspot.com/. Thanks for your support!
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HEADLINES in this edition-
- Another "Did You Know?" Column (actually three)
- MORE Reasons WHY The Condo Documents REQUIRE Annual Financial Audits (THAT HAVE NOT BEEN DONE IN OVER TEN YEARS!!!)
- Other News Articles About HOA's around America
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HEADLINE - Another "DID YOU KNOW?" Column -
Did you know that ALCOR is listed as one of the BIGGER clients of the Favret, Demarest Law Firm??? The same law firm that is currently suing the editor of this newsletter and owners of FCCA for what ALCOR claims are violations of the Condo Documents but unfortunately, since the Board and Officers are ALL illegally elected for at least the past six years and they have made ILLEGAL changes to the Condo Documents several times since 2003, without getting 80% of the owners approval and 100% of the Mortgagees approval, these ILLEGAL changes are simply that...ILLEGAL... so their current lawsuit against us is based on ILLEGAL rules, ILLEGAL fines, AND OTHER ILLEGAL ACTIONS so it will ultimately be thrown out of Court and the OWNERS at FCCA will have to pay thousands of dollars in our Attorneys fees and ultimately pay MUCH, MUCH MORE in damages.... BUT that doesn't stop ALCOR from continuing to spend TENS OF THOUSANDS OF DOLLARS OF YOUR MONEY with the Favret, Demarest Law Firm so ALCOR can stay listed as one of the BIGGER clients of the law firm. ALCOR also uses lawyers extensively at other HOA's, like the Pier 8 Condos in New Orleans, that they also manage, wasting those owners money as well. You can draw your own conclusions about why Al Oglesby and Alcor does these things.
Here's a snip from Lawyers.com profile on the Favret, Demarest Law Firm... http://www.lawyers.com/Louisiana/New-Orleans/Favret,-Demarest,-Russo-and-Lut
kewitte,-A-Professional-Law-Corporation-602374-f.html
"Representative Clients:
The ALCOR Group L.L.C.; American Express Corporation; AmSouth Bank; A.S.I. Federal Credit Union; Bank of America; Bank One; Boasso America Corporation; Consumer Portfolio Services, Inc.; Crystal Clear Imaging, L.L.C.; General Electric Capital Corporation; John Jay Esthetic Salons, Inc.; Louisiana Employers Managed Insurance Company; Louisiana Machinery Company, L.L.C. (CAT); Louisiana Service, L.L.C. (Louisiana Rents); Mitsubishi Motors Credit
of America, Inc.; Neff Rental; Pride Marketing and Procurement, Inc.; Professional Roof Systems, Inc.; Robinson International (USA), Inc."
(END SNIP)
Since ALCOR is listed as their FIRST CLIENT and is listed as "The ALCOR Group L.L.C., they could have been listed in alphabetical order starting with "T" but apparently, ALCOR spends enough of the owners money that Favret, Demarest decided to list "The ALCOR Group" FIRST, ahead of American Express, AmSouth Bank, Bank Of America, Bank One, General Electric, John
Jay, etc.
Al Oglesby must spend a lot of OTHER PEOPLES MONEY (a big chunk of FCCA's money) to get that kind of "Billing" (pardon the pun) on the law firm's profile.
The other MAJOR CONCERN is that ALCOR is the MAIN client of this law firm, not Fountain Court Condo Assn., Inc., so this attorney has more of an allegiance to ALCOR than they do to FCCA so there could be a conflict of interest by the lawyers at this firm since they are supposed to be representing FCCA and giving prudent and impartial advice to FCCA but since ALCOR is their MAIN client, they will lean towards what ALCOR wants to do that is best for ALCOR, not what is best for FCCA.
I think the FCCA Board and Officers (although they are illegally acting as a Board and Officers) should take a SERIOUSLY HARD LOOK at this potential and serious conflict of interest and maybe they should get some independent legal advice before they keep spending another TEN THOUSAND DOLLARS of YOUR MONEY pursuing this illegal lawsuit. They also need independent legal advice on what needs to be done for them to dissolve themselves, do a
petition for a special owners meeting and hold a new election so that legal Board Members can be elected who can then legally elect Officers and then FCCA can at least start being a "LEGAL" entity again.
Until they do, NOTHING they are doing is LEGAL right now. They are simply acting like a GANG of thugs who have taken over a neighborhood and have declared themselves rulers of the neighborhood. NONE OF THE CURRENT BOARD AND/OR OFFICERS ARE LEGALLY ELECTED PURSUANT TO THE CONDO DOCUMENTS. NONE OF THE RULES AND REGULATIONS DONE SINCE THE ORIGINAL RULES IN 1980 ARE LEGALLY ENFORCEABLE IF AN OWNER IS WILLING TO STAND UP TO THIS GANG OF THUGS.
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HEADLINE - Another "DID YOU KNOW?" Column -
Did you know that President George W. Bush, as a result of many HOA's abusing, fining and harassing people who wanted to display the American flag after 9/11, signed a federal law (HR-42), the "Freedom To Display The American Flag Act Of 2005"?
This is why we PROUDLY display American Flags in our front and rear windows of our unit. I have seen other owners displaying American Flags as well, either on their doors or in their windows. If you want a simple American Flag picture that you can print and display on your door or window, go to http://groups.yahoo.com/group/Fountain_Court_Condos_Metairie_LA and you will see that we use the American Flag as the group's home page image. You can right-click on the photo and save it to your computer and print as many copies as you would like. They print perfectly on regular letter sized paper. If you want to display the flag and do not have a color printer, just let me know and I'll print you out a couple of copies.
While on the above Yahoo Groups home page for Fountain Court Condos, make sure and join the group so you have an unfiltered way of voicing your concerns, make announcements, etc.... for anything happening around Fountain Court Condos. This is YOUR unfiltered Bulletin Board since ALCOR does not allow you to post things on the "Bulletin Boards" around Fountain Court or on the official Fountain Court website that ALCOR controls.
Here's more info on the "Freedom To Display The American Flag Act Of 2005"...
http://www.davis-stirling.com/MainIndex/DisplayingtheAmericanFlag/tabid/1326/Default.aspx
On July 24, 2006, President Bush signed HR42, the "Freedom to Display the American Flag Act of 2005" which prohibits restrictions on displaying the U.S. flag on a member's unit, lot or exclusive use common area. Under the Act, community associations:
may NOT adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
The law allows community associations to establish reasonable time, place, or manner restrictions necessary to protect a substantial interest of the association. This is similar to California's Civil Code §1353.5 adopted in 2002, which allows owners to display the United States flag on their separate property or exclusive use common area, regardless of any
association restrictions to the contrary.
The U.S. flag may be displayed in a window or from a staff or pole on owners' balconies, patios, decks, private yards, etc. Associations may prohibit flags made from lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar material.
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HEADLINE -- ANOTHER "DID YOU KNOW???" COLUMN -
- YET ANOTHER GIANT ILLEGAL ACT BY A PREVIOUS BOARD HAS BEEN UNCOVERED AT FOUNTAIN COURT CONDOS
Going back in time... to the months and years following Hurricane Katrina and the debacle that existed and was created by Chet Hingle's ILLEGAL Board, which was in power then, namely James Williams and Don Gauthreaux, since Sultan Mirza resigned shortly after Katrina. The remaining Board Members allowed Chet Hingle to do whatever he wanted, including cursing out many owners, mistreating owners/victims of Katrina, etc., all with impunity... much like the current Board is allowing Alcor do what he wants today, with impunity. While researching the Condo Documents for other information for another owner, I came across this VERY INTERESTING SECTION... Condo Declarations, Article VII, detailing how Insurance should be handled at FCCA.
You will need to have a copy of the "Complete Set of Documents, a total of 187 pages to see the full details of these below referenced sections. Before going any further, you should download a full (or mostly full) copy of ALL of the Condo Documents from the
http://www.fountaincourtcondos.com/rules_regulations/rules%20&%20regulations.html called the "Complete Set....", so you can read the actual language being referred to in this preview of an upcoming TFOI Article.
NOTICE - When you download this PDF (Adobe) document, you have to go all the way to the end of the document, page 187/187, as that is actually page one since Alcor scanned the entire 187 pages in the wrong order so page 1/187 is the last page and page 187/187 is the first page.
So, starting at page 187/187, go backwards (using the Previous Page button) one page at a time (or scroll up) until you reach page 113/187, at the bottom is the section (Condo Declarations, Article VII, section) "6. Insurance Trustee", which talks about any claim exceeding 5% of the value of the Condo property (5% of 8-10 million is $400,000.00 to $500,000.00 and the
Katrina claims totaled well over a million dollars so this section was DEFINITELY applicable), ALL PROCEEDS should have been turned over to an Insurance Trustee such as a banks trust department, etc., and that the funds shall be managed/administered by the Trustee with the approval and oversight of ALL 1st Mortgagees and the Association (ALL OF THE OWNERS). This was CLEARLY VIOLATED BY THE KATRINA BOARDS AND CHET HINGLE and continues to be violated today for at least one owner in the front courtyard who has not received their money because Chet didn't like them and for any other owners that have not completed their repairs from Katrina or did not receive a proper accounting of their money.. which is just about everyone. This is also why there may never be a proper accounting of what happened to the OVER ONE MILLION DOLLARS that went into and out of the various accounts.
Further, on page 111/187, also part of Article VII... (e) talks about how any money left over shall be divided among the owners, NOT put into an account. The $175,000.00 that was left over and put into the Edward Jones Account, if it was legally FCCA's money, should have been distributed to the owners and NOT held in an account to be used by Alcor and the Current board, as their little cash cow, where they have now spent around $140,000.00 of that money (see TFOI's since 5/10/2009 for details, mainly the reports I did after the 5/14/2009 non-meeting that was held). THAT MONEY CONTINUES TO BE ILLEGALLY SPENT BY THE CURRENT BOARD AND ALCOR.
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HEADLINE - MORE Reasons WHY The Condo Documents REQUIRE Annual Financial Audits (THAT HAVE NOT BEEN DONE AT FOUNTAIN COURT IN OVER TEN YEARS!!!)
Former Coventry Cove treasurer faces embezzlement charges
By Shelly Godefrin
News Chief staff
Published: Thursday, June 4, 2009 at 4:01 a.m.
Last Modified: Thursday, June 4, 2009 at 1:37 a.m.
WINTER HAVEN - A former secretary and treasurer of the Coventry Cove Homeowner's Association is accused of embezzling more than $10,000 from the association's treasury.
Misty Darline Meyer, 31, of 1037 Summer Glen Drive, Winter Haven, is charged with grand theft and scheming to defraud. She was booked into the Polk County Jail on May 15. She was released on the same day.
From October 2007 to May 2008, Meyer wrote 32 checks from $50 to $800. Todd Tanner, former president of the association, and Anthony Armstrong, former vice president, said Meyer wasn't authorized to write those checks, according to a complaint affidavit.
The 101 homes in the Coventry Cove subdivision, located on State Road 540, pay $175 in annual dues. The dues should sustain the association throughout the year and still leave money in the account. The dues are used to pay for association bills including maintenance, postage, supplies, electricity, water and other basic items.
Meyer told detectives she was the secretary and treasurer of the association for more than one year before she resigned in May 2008. She said Tanner and Armstrong weren't easily accessible, so they allowed her to make financial decisions and write checks, according to the affidavit.
The largest check, for $800, was used to pay for "wear and tear on her vehicle along with money for stamps," the affidavit states.
Meyer told detectives she wrote checks to her husband, David Meyer, for work he did for the association, such as cleaning up after meetings and cleaning graffiti on the wall in front of the subdivision, according to the affidavit.
"Meyer advised that all of the checks were for legitimate reasons and that Anthony Armstrong would vouch for her," the affidavit states.
Polk County State Attorney's Office spokesman Chip Thullbery said Meyer's attorney appeared in court on her behalf Tuesday and filed a not guilty plea.
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HOA embezzler gets 66 years for shooting spree
The Associated Press
Published: May 29, 2009
A businessman who stole millions of dollars from northern Virginia homeowners associations, including residents of the Lakeview subdivision in Culpeper, has been sentenced to 66 years in prison for going on a drunken shooting spree after his thefts were uncovered.
Jeffrey S. Koger, 39, was sentenced Thursday in Fairfax County Circuit Court. He entered Alford pleas in February to charges including attempted capital murder. The plea means Koger did not admit guilt but acknowledged that prosecutors have enough evidence to convict.
Prosecutors say that as Koger's embezzlement scheme unraveled in February 2008, he shot at a cab driver, then drove to a police station and shot two bystanders. All three suffered serious injuries.
Police chased Koger, who fired on officers with a double-barreled shotgun.
Koger apologized Thursday, saying he did not remember the incident.
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I hope one of the past managers or board members don't come hunting me down. I might need to start practicing my zigging and zagging, just so I'm ready if they do. LOL ;-)
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
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