--- Friday, June 19, 2009 ---
SPECIAL EDITION
NOTE - Please feel free to forward this to other owners, your mortgage company, 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!
HEADLINE - ALCOR SENDS CERTIFIED LETTERS TO ALL OWNERS (the first step in trying to make FCCA legal again... BUT please read the reporting that follows ALCOR's re-printed letter)
The following re-printed letter was sent out to ALL owners and the USPS Letter Carrier was observed going door to door this morning getting signatures from any owners who were home.
---------
THE ALCOR GROUP
VIA CERTIFIED REGISTERED MAIL ONLY
To: All Fountain Court Condominium Owners/Members
From: Property Management
Date: June 11, 2009
Re: Unit Owner Mortgagee, Note and Mortgage
__________________________________________________
Dear Unit Owner:
Recently, Fountain Court's legal counsel has advised us that our Bylaws filed of record require that a Unit Owner who mortgages their unit shall (1) notify the Board of the name and address of their mortgagee (i.e. mortgage company/lender) and (2) file a conformed copy of the Note and Mortgage with the Board. He advises that this can be found in our Bylaws at Article VI, Section 1.
Fountain Court Condominium Association does not have this information or documentation on file concerning your Unit at this time. Based upon this legal advice, we request that you provide the Management office with this information and copies of the documentation within fifteen (15) days from date of this letter.
As you may know, the Association has been sued by Suzanne Halprin, Unit 65, and we are trying to bring all legal matters up to date in an effort to avoid further cost and attorney expense to the Association.
If we do not receive this information or documentation within fifteen (15) days, we will assume that your Unit is not encumbered or affected by a Note and Mortgage.
Any questions regarding this matter should be in writing and directed to the above. Thank you in advance for your assistance and cooperation regarding this matter.
Sincerely,
Al Oglesby
Al Oglesby, CCIM, CPM, CEA
Property Manager
Fountain Court Condo Assoc.
Cc: Owners File
(END OF LETTER)
--------------------------------------------------
Now... lets examine what this letter really means.
Let me start by saying that I like how they included the paragraph that says Suzanne Halprin sued the Association and tries to blame this on her (us). What they failed to mention is that the Association sued Suzanne Halprin (and of course, me, the editor of this newsletter) and in our defense, we learned that NOTHING was legal around Fountain Court so rather than admit
that they are taking this step to try and correct THEIR wrong-doings, they are blaming it on Suzanne (and me).
What they have failed to tell you is that NONE of Owners Meetings have been legally held. Therefore, NONE of the elections, for at least the past six years, have been legal. NONE of the Rules & Regulations that they sued Sue (and me) over are legal (except for the original Rules & Regulations from 1980). NONE of the Officers/Board Members are legal and since they aren't
legal, their hiring of ALCOR isn't legal. NONE of the checks being signed are legal, since the checks are supposed to be signed by two Board Members/Officers and NONE of them are legal. NONE of the contracts being signed are legal. NONE of the insurance being purchased, claims being made and settled, etc. are legal. LITERALLY, NOTHING BEING DONE FOR AT LEAST THE PAST SIX YEARS HAS BEEN LEGAL AND BINDING AT FOUNTAIN COURT. What Suzanne has actually sued FCCA for, in her Reconventional Demand to FCCA's lawsuit against her (and me), is for FCCA to start doing things properly and legally and start following the 187 page contract called the Condo Documents.
So now, they are trying to start making things legal again... but a MAJOR problem arises in their (the illegal Board and Manager) doing it the way they are trying to do it. First, them doing it taints the entire process since they aren't legal. Second, they are trying to do it incrementally,
rather than just put out a letter to all owners, telling them the truth about how UN-LEGAL and ILLEGAL Fountain Court really is and then taking the drastic steps that need to be taken in order to get Fountain Court back into a "legal" state.
This first incremental step they are doing is to get the Mortgagee information on every unit, which is required pursuant to the Condo Documents, BECAUSE every NOTICE OF AN OWNERS MEETING (whether the Annual Meeting or a Special Meeting) must also be sent to EVERY MORTGAGEE. THIS HAS NEVER BEEN DONE IN THE PAST... AT LEAST NOT THE PAST SIX YEARS. This is one of the reasons NONE of the elections are legal, because NONE of the Owners Meetings were legally held.
MY PREDICTION FOR THEIR NEXT STEPS -
Once they get all of the Mortgagee's information, their next step will be to call for a new Special Owners Meeting because with the next step, they will announce that since all of the past elections were done illegally, they will want the FCCA Owners to elect a legal Board (and will claim that they should be re-elected since they are trying to make things legal and proper again... not admitting that they have been perpetuating the illegal actions around FCCA for the past several years and would still be doing things illegally until Sue (and I) counter-sued them with clearly defined FACTS). Then, that legal Board can elect legal Officers. Then the legal Board and Officers can hold another Special Owners Meeting to try and pass their new Rules And
Regulations and they will need 80% of the owners to say yes to these new Rules And Regulations before they would become the new law of the land.... BUT remember that 100% of Mortgagees have to approve of any material changes to the Condo Documents so this Board will NOT be able to make many of the changes they might want to do as some Mortgagees will NOT approve of these changes. Then, with whatever non-material changes they can make, they can go on their power trip again and start harassing, threatening, fining and intimidating people again... if the rest of the owners allow them to do it. NOW.. the problem with ALL OF THEIR ABOVE plans is that they are being planned, implemented and acted upon by and ILLEGAL BOARD AND MANAGER so technically, NONE OF THEIR PLANS ARE LEGAL. So, remember, since they are
not doing the above things in a legal manner, if they do try and threaten, fine, harass or sue an owner in the future, that owner can and will be able to legally challenge anything they try to do since it will all be tainted by the current actions of this illegal board and manager.
Here is a SNIP of what I said to another owner that asked me about this recently:
"SPECIAL MEETING INFORMATION -
Page 81/187 (of the Condo Documents) starts the By-laws Table Of Contents. Article II, section 4. deals with Special Meetings but read all parts of Article II. This section 4. says (a) The President shall call a special meeting of the Unit Owners Association if so directed by a resolution of the Board Of Directors or upon a petition signed and presented to the Secretary by Unit Owners of not less than fifty (50%) percent of the aggregate percentage interests. The notice of any special meeting shall state the time, place and purpose thereof. NO business shall be transacted at a special meeting except as stated in the notice.
The problem with this is that the President isn't legal so how can the President call a special meeting? The Board isn't legal so they can't legally pass a resolution and if the owners do a Petition, it is supposed to be presented to the Secretary but there is not a legally elected Secretary. Hmmmm.. quite a predicament!!!
It would probably be better if you all did go around with a Petition to hold a Special Owners Meeting, and after getting over 50% of the owners signatures (and get Mortgagee information from all owners), then notify ALL of the owners and Mortgagees of this meeting and the purpose of this meeting would be to hold legal elections to properly elect a new board, possibly the same people if you so choose, and then that new legally elected board could start to take action to bring every thing else into a proper legal state at FCCA. The NEW Board would have to be elected to where one member is elected for one year, one is for two years and the third for three years. They would then have to hold a meeting to elect the four Officers, the President, V-Pres., Secretary and the Treasurer and only the Pres and V-Pres have to be Board Members. The other two Officers can just be owners. Subsequent elections of Board Members, at the expiration of each of their terms would be for three year terms. If the current Board tries to do it any other way, they face a serious Catch-22 because ILLEGALLY elected Board Members, Officers and an illegally contracted for Manager cannot legally do any of these things as they will be tainted by being done by an illegally comprised Board, Officers and Manager so a future owner could fight anything they did during this state of illegality.
It's also a Catch-22 for you all also, with trying to hold a Special Meeting, since the Petition cannot be given to the Secretary, but at least if you all have a Special Meeting to elect a new board, who then legally elects Officers, who will then start doing things RIGHT and legally
thereafter, it would be a BIG step in the right direction of getting FCCA back on the right track, instead of the wrong track that it is currently on. At least the entire process wouldn't be tainted with illegalities and only the first Special Meeting would be slightly tainted since you all did not
have anyone to legally deliver the petition to. I hope a Judge would understand this and not hold it against you all if a future lawsuit challenges the legality of this action... or better yet, we have asked the Judge in our case to dissolve the current illegal Board so if that happens, then you all will have legal precedent for doing the Special Meeting.
ALL Mortgagees also have to be notified of any Annual Owners Meetings and any other Special Owners Meeting. This is another BIG thing that has not been done in the past."
ANOTHER BIG PROBLEM WITH ALCOR'S LETTER, above, is that the Condo Documents,
Bylaws, Article VI, Section 1., states that: "A Unit Owner who mortgages his unit SHALL notify the Board of Directors of the name and address of his Mortgagee and SHALL file a conformed copy of the note and mortgage with the Board of Directors."
(END SNIP)
Please note that Alcor is NOT the Board of Directors so sending a copy to his office is NOT legally complying with the "SHALL" parts of Bylaws Article VI, Section 1.... so they'll probably have to send out a new letter soon. Why is ALCOR and HIS ATTORNEY so hardheaded and/or ignorant about reading a simple paragraph and then following the clearly defined instructions???
IN CONCLUSION, if you, as an owner, really want to legally comply with the Bylaws, you should deliver the information to the only Board Member who lives on the property, Ryan Lee in unit 64. Of course, right now, he's not legally elected so technically, even if you deliver it to him, it's still not legal but at least you did the best you could do to follow the Bylaws... even though they do not seem to be able to follow the Condo Documents themselves.
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.
No comments:
Post a Comment