"The Fountain Of Information" - Fountain Court Condos, Metairie, Louisiana

In Memory Of Suzanne Stogel Halprin - May 23, 1946 - March 29, 2012

2012-04-29T23:47:00.000-05:00

SUZANNE STOGEL HALPRIN

May 23, 1946 - March 29, 2012

Suzanne Stogel Halprin peacefully entered into eternal rest at the age of 65 on March 29, 2012 with her family by her side. She generously donated her body to medical science. Ms. Halprin was born in the Bronx, New York and grew up in Atlantic City, New Jersey. She has spent the last 33 years in New Orleans with her family. She was preceded in death by her parents: William and Rose Stogel; and her beloved brother, David Stogel. She is survived by two sons: Bernard Halprin and Steven Halprin and two grandchildren: Bradley Scott Halprin and Rylee Jean Halprin. The family would like to thank everyone for their support and prayers. A private service will be held by the family.

Guest Book Comments:

April 01, 2012

Suzanne was a beautiful lady who had a wonderful spirit. She kept me on my toes at the LSU cancer center. My prayers are with her family today.

April 17, 2012

Suzi was my friend. She used to come visit me when she worked in the neighborhood. We have known each other for over 20 years. We shared long conversations on the phone, talking about all kinds of things. She was kind and loving. I know she loved her two sons alot and her little dog. I did not get to know her roommate but many thanks for caring for her when she needed someone. I will always remember her accent, her pretty eyes, her laugh. I will miss her and hold her close to my heart. I send you, the family, special prayers to ease the sadness of her early departure.

Fountain Court Condos - "The Fountain Of Information" - Sunday, August 2, 2009

2009-08-02T16:12:00.002-05:00

"THE FOUNTAIN OF INFORMATION"
-- Sunday, August 02, 2009 --

-- HEADLINES --

- ANOTHER ILLEGAL SPECIAL OWNERS MEETING SCHEDULED FOR AUGUST 5, 2009
- MORE HOA NEWS FROM AROUND AMERICA
- EVEN MORE ON THE QUAGMIRE AND CONTROVERSY AT PIER 8 CONDOS, CAUSED BY
ALCOR AND AL OGLESBY

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NOTE - Please feel free to forward this eNewsletter 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 eNewsletter. They can request their own copy by sending an email to TheFountainOfInformation@Gmail.com or they can follow us on the web at http://TheFountainOfInformation.blogspot.com. Thanks for your continued support!

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HEADLINE -- ANOTHER ILLEGAL SPECIAL OWNERS MEETING SCHEDULED FOR AUGUST 5, 2009 AT 6:00P.M.

Yep... you heard it here in the past and again today. The current ILLEGAL Board and ILLEGALLY HIRED manager are trying to do their ILLEGAL mis-deeds again. The Condo Documents are clear about how a Special Meeting is called and scheduled and unfortunately, they did not follow the Condo Documents once again. It's pathetic that they cannot read... a wanna-be doctor, an insurance company professional, Ana Menes and the four ILLEGAL "At-Large" members and between them all, they cannot read the Condo Documents themselves???, instead, they listen to Alcor... who has led them down this legal mess in the first place and they listen to the attorney who has given them TONS OF BAD LEGAL ADVICE and charged them thousands and thousands of dollars for the BAD ADVICE.

Their current attempts at doing even MORE ILLEGAL acts are their attempts to try and make themselve NOT LIABLE for all of their legal mis-deeds over the past 20 years... or more specifically, the current board's mis-deeds over the past few years. What they do not realize is that they cannot "vote" to make past illegal acts, all-of-a-sudden legal... if they could do that, then Congress would have tried that trick many times over the years. LOL You can't do an ILLEGAL act against people and then get another group of people to vote to say that your past illegal acts were legal... well you can, but that's called "Jury Nullification" so maybe they can eventually convince a Jury in one of the many court cases that are either pending or coming
SOON!!!!

Please see another NEW website about Fountain Court Condos and all of the illegal things being done and tried around here, http://FountainCourtCondos.blogspot.com for "15 REASONS TO VOTE NO ON AUGUST 5, 2009" so you will have a better understanding of what WILL happen if enough owners actually do vote yes on August 5, 2009... not including the tens of thousands of dollars of additional legal fees that will come when we challenge this ILLEGAL MEETING AND PROPOSED ILLEGAL ACTS in yet another lawsuit. The reason it's called "15 REASONS..." is because that is the number of owners that will be needed to vote YES in the future to substantially change any of the condo documents... not a super-majority that is required now, not even a simple majority but only 14.2% of owners (ONLY 15 OWNERS) could vote YES at a future Owners Meeting and they could re-write the Condo Documents to outlaw pets, outlaw smoking, outlaw kids, outlaw clothes, outlaw cars, etc., etc., etc. READ THE ARTICLE ON THE ABOVE WEBSITE FOR MORE DETAILS.

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HEADLINE -- MORE HOA NEWS FROM AROUND AMERICA

EDITORIAL COMMENT -

THESE NEXT FOUR ARTICLES, ALONG WITH THE DOZENS OF OTHERS THAT HAVE BEEN PUBLISHED IN PAST EDITIONS OF "T.F.O.I." CLEARLY SHOW WHY THE CONDO
DOCUMENTS HAVE THE PROVISION THAT FOUNTAIN COURT'S BOOKS *SHALL* BE AUDITED EVERY YEAR... YET NONE OF THE BOARDS OR MANAGERS HAVE DONE THIS AUDIT FOR MORE THAN 10 YEARS.

ONLY GOD KNOWS HOW MUCH MONEY IS MISSING, MIS-SPENT OR MISAPPROPRIATED FROM FOUNTAIN COURT'S ACCOUNTS... THAT IS, UNTIL THE COURT ORDERS FOUNTAIN COURT CONDO ASSOCIATION TO FINALLY DO ITS MANDATORY ANNUAL AUDIT. THEN THE REST OF US WILL ALSO KNOW.

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State's Attorney Probes Palos Property Manager

The Cook County state's attorney's office said Monday it's investigating a Palos Hills company that managed several Southland condo properties, and whose tenants have been saddled with thousands of dollars in unpaid bills. (Read Entire Article Here)
http://www.southtownstar.com/business/1676263,072109condofolo.article

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Former condo bookkeeper arrested in theft

POMPANO BEACH - A former Pompano Beach condo association bookkeeper was arrested Thursday on charges of bilking the association out of nearly $500,000 over four years, according to a news release from the Broward Sheriff's Office. (Read Entire Article Here)
http://www.sun-sentinel.com/news/local/breakingnews/sfl-condo-association-theft-071709,0,1046415.story

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Former manager of West Palm Beach condo arrested on embezzlement charges

Last month's national sweep of fugitives has netted the former manager of a West Palm Beach condominium, wanted for more than eight years on charges he embezzled about $40,000, according to reports. (Read Entire Article Here)
http://www.palmbeachpost.com/services/content/local_news/epaper/2009/07/13/0713condo.html?cxtype=ynews_rss

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Financial Reports: The Need, the Problem and the Solution

Whether for a business or a nonprofit homeowners association, regular accounting reports provide managers and boards of directors with the information needed to make prudent decisions and control daily activities. Furthermore, they supply legally mandated information to homeowners and government agencies. Recognizing the importance of financial reports, the
State of California has legislated their review by boards of directors-in essence, forcing boards to go through the motions of fulfilling their fiduciary responsibilities. (Read Entire Article Here)
http://echo-ca.org/memsite/financial_reports.php

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The Liability Question (about Chinese Drywall used after Katrina)

http://www.businessreport.com/news/2009/jul/13/liability-question-lgl1/

NOTE - I'M NOT SURE IF OR HOW MANY FOUNTAIN COURT UNITS MAY HAVE INSTALLED CHINESE DRYWALL AND IF THE DRYWALL WAS INSTALLED ON COMMON WALLS, IT MAY AFFECT THE NEIGHBORING UNITS AS WELL. IT'S SOMETHING TO THINK ABOUT IF YOU ARE HAVING WIRING, COPPER PLUMBING AND/OR AIR CONDITIONING PROBLEMS.

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Housing complex owners vote to ban smoking

Members of the Fairfax Parkside Homeowners Association on Wednesday voted to outlaw smoking inside residences that are part of the 34-unit development. The ban also prohibits smoking in shared spaces, such as porches and garages, but does allow it in yards and on patios. (Read Entire Article Here) http://www.leadertelegram.com/story-news.asp?id=BKKD5TMRL20

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9 Things You Need To Know About Homeowner's Associations

When you purchase a condominium, townhouse or other type of property in a planned development such as a leased land property, a gated community, or even an ordinary subdivision, you are obligated to join that community's homeowners' association (HOA) and pay monthly or annual HOA fees for the upkeep of common areas and the building. If you are considering purchasing one of these types of properties, you should be aware of the following nine things about homeowners' associations and how they work before you buy. (Read Entire Article Here) http://www.denverpost.com/business/ci_10511191

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HEADLINE -- EVEN MORE OF A QUAGMIRE AND CONTROVERSY AT PIER 8, CAUSED BY
ALCOR AND OGLESBY

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-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Monday, July 20, 2009 10:40 AM
To:
Subject: Rule 42 --Misconduct in Common Areas

Mr. Oglesby:

This past Saturday at approximately 1:00 p.m. while the painters and pest control companies were on the premises, "misconduct in the common areas" occurred.

Witnesses included: Ron Bimes, Michael Wakefield, Sven Ortel, Caroline Ortel, Cami Gharanki, Peggy Fedendor, Greg Spano, Clinton Bourgeois, Elaine Coari and others.

It was a nasty and ugly spat between two other unit owners, one of which is your friend, Bob Bassett.

Do not fine the unit owners involved in that spat $500.00 which caused a disturbance of the peace.

Instead, I want you and Attorney Jerry Sullivan to concentrate on me, Ron Bimes. I also understand you waived fines regarding renters' dogs and one regarding loud noise and drunken behavior at 2:00 a.m. in the morning in which the NOPD was called out here.

I quietly placed the second page of the E. J. Milligan Construction spreadsheet under everyone's doors, and you fined me within two hours. I am sorry you did not feel the Association needed supporting documentation for the painting bids.

Everyone tells me that you and Sullivan are going to funk me--GO AHEAD. I think it is great you refuse to respond to certified letters.

Ron Bimes

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-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Monday, July 20, 2009 12:40 PM
Subject: FW: Fountain Court Condos - "The Fountain Of Information" - Monday,
July 20, 2009

To: All unit owners at Fountain Court Condominiums

Re: The latest e-mail, below, from your web-site blog

It is a known fact that Mr. Oglesby does not fine certain people here at Pier 8 or waives a fine for certain people. One unit owner was fined $1,300 over a period of several months because his tenant had a dog. Ms. Gondolfo kept a shopping cart in her courtyard for over three months until I asked Mr. Oglesby if I could remove it back to the stairwell since our Association has very few shopping carts to assist in delivering groceries to the apartments. Rachel defiantly violated the 25 lb dog rule for over seven months with no fine. Interior Designer Jerry Taylor has told me and others that she will not take down her bamboo blinds which are in violation of the window treatment color. Mr. Bassett continues to interfere with both real estate agents and service contractors, but Mr. Oglesby will not fine him or reprimand him. Instead, these two guys walk around Pier 8 hand-in-hand, figuratively speaking.

The word "ASS-HOLE" was shouted several times this past Saturday in the courtyard, and everybody talked about Mr. Oglesby will not fine certain unit owners here at Pier 8.

Mr. Oglesby instructed Attorney Jerry Sullivan to write me a letter accusing me of "halting the painting" here at Pier 8, interfering with the paint contractors, and painting my front door, then he writes people he never accused me of anything!! I have requested that he and Attorney Jerry
Sullivan meet me at the 3rd District of the New Orleans Police Department to discuss these written accusations, but they refuse to respond. Several unit owners have accused Mr. Oglesby of "poor management" which has caused extreme chaos and ill feelings here at Pier 8.

Mr. Oglesby threatened to contact the Louisiana Real Estate Commission if my Latter-Blum realtor refused to amend my MLS listing, but he engages in "willful blind neglect" regarding other listings and unit owners.

Ron Bimes

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-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Thursday, July 23, 2009 9:58 PM
Subject: FW: Shotgun Basset Interfering with Cox Cable

Burl & Christine :

Re: Your e-mails below

You are wasting your time. Mr. Oglesby WILL NOT fine or reprimand Mr. Bassett. If Mr. Bassett's last name was Bimes, he would have been fined instanteously.

Today, I spent nearly four hours attending to the "common element pipe" which ties in my air conditioner and the two units above.

The bitch who owns the apartment above me and who lives out of state called Oglesby about the line; and Oglesby called Robbie (Unit 209) about the line.

An air conditioner repair man and a plumber were in apartment cutting my pipe to drain all the crap which was caught in the line. The air conditioner man said it was negligence from one or both of the two apartments above me.

Anyway, the bitch did not phone me or wanted anything to do with me because she told Robbie that I was a "BAD PERSON". I still have not repaired the water damage done to my apartment last December when her pipe lines clogged up. She basically told me: GO TO HELL, because she said Oglesby's letter to her was not proof that her unit caused the damage. She even accused me
of trespassing in her unit when I accompanied Mr. Oglesby up to her unit last December with a mop and bucket in my hand!!!

She told Robbie that she is not going to pay for any damage or costs of the repair people which were called out here today by Oglesby. Yet, Charlie's Air & Heating Company told me, again, it was negligence on one or both of the units above me! I am selling, so I don't give a schitttz.

Ron

________________________________

From: burlmahl@hotmail.com
To: bimeshunter@live.com; burlmahl@hotmail.com
Subject: Shotgun Basset Interfering with Cox Cable
Date: Thu, 23 Jul 2009 09:34:33 -0500

Ron:

Please send me that email regarding Shotgun Bassett interfering with Cox Cable?

Burl

________________________________

Date: Thu, 23 Jul 2009 07:01:50 -0700
From: christinelandry1@yahoo.com
To: burlmahl@hotmail.com

Burl,

Please send me the email that Ron sent regarding Bob interfering with Cox. Miller did not send to me.

Thanks.

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-----Original Message-----
From: F. Miller Guice Jr. MAI [mailto:slgappr@bellsouth.net]
Sent: Friday, July 24, 2009 5:42 PM
Subject: Re: Shotgun Basset Interfering with Cox Cable

Ron you are 100% correct. Miller

Sent from my iPhone

F. Miller Guice Jr. MAI

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-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Tuesday, July 28, 2009 9:38 PM
Subject: Pool Signs

Mr. Oglesby:

I resent the fact you are implying that I even touched those pool signs. I am not paying anymore condo dues since you and your Board refuses to respond to my certified letter. Please remember, the Board hired Attorney Sullivan to write me harassing letters which you all refuse to explain.

Ron Bimes

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-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Wednesday, July 29, 2009 11:19 AM
Subject: Security Cameras/Tapes

Mr. Oglesby:

I AM REQUESTING TO REVIEW YOUR SECURITY TAPES IMMEDIATELY, TODAY.

THESE ARE ASSOCIATION RECORDS AND SHOULD BE MADE AVAILABLE FOR REVIEW BY ALL ASSOCIATION MEMBERS. HOWEVER, IF ATTORNEY JERRY SULLIVAN REFUSES
ASSOCIATION MEMBERS FROM REVIEWING THEM, I WILL HAVE TO OBEY HIS RULING. I AM AFRAID OF THIS GUY AND I HATE LIVING HERE AT PIER 8.

RON BIMES

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-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Wednesday, July 29, 2009 6:00 PM
Subject: Response to Fountain Court Condominiums, one of Mr. Oglesby's properties

To: The Fountain of Information

Re: Your e-mail below

Last evening around 9:00 p.m., Mr. Oglesby phones a unit owner implying that a person with initials of "RB" (Ron Bimes) was involved in the disappearance of the pool signs. I was notified immediately about Oglesby's remarks and shot him with an e-mail immediately.

I do not trust Mr. Oglesby. There are so many unit owners/residents violating the rules and regulations here at Pier 8, but Oglesby only zooms in on certain individuals. A lot of people are telling me that Oglesby and Attorney Sullivan are out to get me. Why Attorney Sullivan doesn't get a restraining order against me is anybody's guess...and why he does not instruct Luis Silva, President of Base Contractors, to get two or more "sworn affidavits" from his employees stating I halted the painting and even painted the doors is also anybody's guess. Some property managers create problems, then hire attorneys to solve them! This is such a case.

Somebody has to pay for Attorney Sullivan's legal fees, letters, and his commute to Pier 8 on the date which Oglesby had the New Orleans Police Department out here. I even asked Mr. Oglesby and his attorney who wrote me a letter accusing me of painting, etc. to meet me at the Third District of the NOPD to settle this matter, but they refuse.

Pier 8 cannot even have an OPEN HOUSE with the realtors without me receiving a notification from the lawyer that I interfered with the realtors.

IT SUCKS LIVING HERE AT PIER 8. Obviously, Mr. Oglesby will not respond to my request to review the security tapes, which in my opinion are Association records.

Ron Bimes

> From: thefountainofinformation@gmail.com
> Subject: RE: Security Cameras/Tapes
> Date: Wed, 29 Jul 2009 12:01:17 -0500
>
> Why are you afraid of an attorney? They put their pants or skirts on
> just like anyone else... and for every one that wins a case, one of
> them
loses...
> and sometimes both of them lose, so their overall winning percentage
> is less than 50%... not very impressive!
>
> One of you all really need to SUE Pier 8 Condo Assn., your Board
> Members and Alcor to fight all the illegal changes made to your Condo
> Documents over the years and to FORCE strict adherence to the Condo
> Documents and Louisiana's Condominium Act. It's a shame you all are
> living in fear of YOUR attorneys and management company which strive
> to create the in-fighting and fear as a way of racking up more legal
> fees and higher management fees. Until one or more of you stand up to
> their bullying, it will continue. That is the nature of a bully going
> all
the way back to our school days.
>
> Further, you all need to quit the in-fighting and start sticking
> together more... same as we need to do over here at Fountain Court.
> "Divide and Conquer" is one of the methods in "The Art Of War" and
> this is how Boards and Management companies keep all of the owners
> under their thumbs... by dividing you all into small groups so that
> none of the groups really have enough power to do anything as far as
> petitions or vote gathering since you all are fighting amongst
> yourselves. Another of the principles of "The Art Of War" is "The
> enemy of my enemy is my friend" so all of you all that are against
> what Alcor and your current Board are doing need to come together and
> then you will have the numbers to get rid of Alcor and the current
> Board. Of course, I'm still trying to convince the owners at Fountain
> Court of the same things but until they carry me out in a pine box, I
> WILL NOT GIVE UP THE FIGHT!!!
>
> At least one owner and myself have vowed to SUE Fountain Court and
> Alcor (or any future management company) whenever they FAIL to abide
> by the Condo Documents... which is all too often over here, just like
> over there. We have at least two more lawsuits being drafted right
> now. They will either start abiding by the Condo Documents or they
> will waste tens of thousands of dollars in legal fees continuing their
> illegal deeds. Eventually, enough owners will get tired of allowing
> the illegal Board and Manager to continue their illegal deeds and
> wasting their money on legal fees and then they will start doing what
> is right.
>
> If you need an affordable attorney who is becoming well versed in the
> evils of HOA's, Management Companies and their thug-attorneys, feel
> free to contact me and I will put you in touch with the one we are using.
>
> Until next time, let "The Fountain Of Information" flow!!!!!
>
> Lenny Vasbinder, Editor
> TheFountainOfInformation@gmail.com

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-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Thursday, July 30, 2009 2:35 PM
Subject: Certified Letter to Pier 8's Board, Again

July 30, 2009

Mr. Lenny Vasbinder
Editor of the Fountain of Information
Fountain Court Condominiums

Lenny:

I have decided to hire your attorney to write a certified letter to:

President Jason Faucheux and the Board of Directors
Pier 8 Condominium Association
318 Lake Marina Drive
New Orleans

On June 20, 2009 I mailed Mr. Faucheux and his Board (via the Alcor Group) a certified letter 7009-0960-0001-0044-8316 requesting an explanation regarding the restraining order and the names of the realtors who I was alleged to have harassed/interfered. On April 17, 2009, the entire Voting Membership who attended a Special Homeowners' Meeting VOTED for a
restraining order against me, after listening to two unit owners and the association's attorney. Both my Latter-Blum realtor and I have requested the specifics including names of the realtors, but Pier 8 refuses to identify them or to respond my certified letter. To date, I still have not
received the restraining order, after nearly 3 1/2 months.

Then on June 25, 2009, The Alcor Group and the Board of Directors hire the association's attorney to write me yet another letter accusing me of painting, halting the painting, interfering with the paint contractors. A former Board Member, Elaine Coari, told me several times that Al Oglesby is accusing me of tampering with the security cameras, also.

Then the pool signs disappear....and Mr. Oglesby brings up my initials: RB

Please forward me your attorney's name and address. I will forward him the letters from Attorney Jerry Sullivan, the meeting up-date of April 17, 2009 from Mr. Oglesby, and other pertinent information. I am getting good feed-back from prospective purchasers for my condo, and I am not stupid. I expect Mr. Oglesby, his Board, to charge my Owner's Account with outrageous legal fees at closing, including the lawyer's letters to me, and his commute
to Pier 8 on June 25, 2009 to apparently listen to the New Orleans Police and Mr. Oglesby discussed my alleged involvement with the painting. My realtor has been apprised of all the accusations.

I am not paying August 2009 condo fees because I will have to pay your lawyer to write Pier 8 about all these accusations. Please expedite your lawyer's name, address, and phone number.

Sincerely,

Ron Bimes ph. 504-485-1235

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-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Friday, July 31, 2009 3:59 PM
Subject: Thomas R. Schmidt, Attorney at Law

July 31, 2009

Attorney Thomas R. Schmidt
4322 Cleary Avenue, Suite E
Metairie, La. 70002 ph. 504-455-4488

Attorney Schmidt:

This will confirm our appointment for Monday, August 3, at 3:00 p.m.

I am requesting you write a certified letter to:

Mr. Jason Faucheaux, President of Pier 8 Condominiums
The Board of Directors of Pier 8 Condominiums
318 Lake Marina Drive
New Orleans, La. 70124

This letter will be mailed to The Alcor Group whose address you already have, since you are engaged with litigation with the Fountain Court Condominiums.

Mr. Faucheaux and his Board of Directors have not responded to my certified letter, dated June 20, 2009 which requested specific information about a "restraining order" against me which was voted for by all unit owners who attended a Special Homeowners' Meeting on 17 April 2009.
Also, I have been falsely accused of painting, halting the painting, and interfering with the paint contractors, per letter from Pier 8's legal counsel on June 25, 2009. Also, vandalizing/tampering with the security cameras and pool signs.

Again, I repeat that this letter will be directed to the Board of Directors of Pier 8 Condominium Association, and not to the Association's attorney. If the Board feels they need to hire the attorney, then it will be an expense of the Association, not mine.

I am hoping this matter can be resolved amicably. I am selling my apartment and hopefully be out of Pier 8 within the next two months.

Sincerely,

Ron Bimes
318 Lake Marina Drive, Unit 121
New Orleans, La. 70124

------------

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.

Fountain Court Condos - "The Fountain Of Information" - Monday, July 20, 2009

2009-07-20T12:08:00.002-05:00

"THE FOUNTAIN OF INFORMATION"
-- Monday, July 20, 2009 --

-- HEADLINES --

- FREE DOWNLOADABLE E-BOOK "The Foundations of Homeowners Associations and the New America"
- MORE HOA NEWS FROM AROUND AMERICA
- EVEN MORE ON THE QUAGMIRE AND CONTROVERSY AT PIER 8 CONDOS, CAUSED BY ALCOR AND AL OGLESBY

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HEADLINE -- FREE DOWNLOADABLE E-BOOK "The Foundations of Homeowners Associations and the New America"

From the Yahoo Group, HOAnet, http://groups.yahoo.com/group/HOAnet
2. Part III of The Foundations of HOAs to be released Friday -- America
Posted by: "George" george@pvtgov.org starmangroup
Date: Thu Jul 2, 2009 10:21 pm ((PDT))

In 2006, I released my examination of the history of HOAs and planned communities in the PDF paper, The Foundations of Homeowners Associations and the New America, which was comprised of two parts:

Part I. The Mass Merchandising of Planned Communities: How Americans lost their constitutional and property rights. Available in Microsoft eBook format* at Part I.

Part II. National Lobbyist for HOA Principalities. Available in Microsoft eBook format* at Part II.

Also available together in PDF format at HOA_History.
http://pvtgov.org/pvtgov/downloads/hoa_history.pdf

And the forthcoming new segment,

Part III. American Political Governments: HOAs under servitude law & public government under constitutional law. Available at this time in Microsoft eBook format* at Part III.
http://pvtgov.org/pvtgov/downloads/hoa_histk3.pdf

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HEADLINE -- MORE HOA NEWS FROM AROUND AMERICA

HOA Board Must Follow Rules Too
http://www.mydesert.com/article/20090718/LIFESTYLES11/907170359/1050/RSS04

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Hilarious Anti-HOA Rant On YouTube
http://www.youtube.com/watch?v=U0eLnWohHOA

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My Funny Valentine Part 1 (Regarding HOA Foreclosures - NOT SO FUNNY!)
http://www.youtube.com/watch?v=f_SAxiM1u4M

My Funny Valentine Part 2
http://www.youtube.com/watch?v=MK879w1EwDY

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Legacy Park HOA Files For Bankruptcy
http://www.theledger.com/article/20090628/REPORTER/906245081/1035/BUSINESS

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Danny Pebbles' Guide To Association Living
http://hoaresisters.blogspot.com/2009/06/danny-pebbles-guide-to-association.
html

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HEADLINE -- EVEN MORE OF A QUAGMIRE AND CONTROVERSY AT PIER 8, CAUSED BY ALCOR AND OGLESBY

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Wednesday, June 24, 2009 11:55 AM
To: DOZENS OF RECIPIENTS
Subject: Miller Guice; Sherwin Williams Paint Expert

Miller Guice:

Was Unit 118 just recorded last week in the paper for $125,000?

Since your sale of Unit 319 is apparently failing and you are accusing me for it, you need to hire an attorney. Melissa has told me and others numerous times she is unhappy here at Pier 8--she is upset that the voting membership had no participation in the color scheme. She hates the
management. You sent "your engineering report" to the Civil Courts as a public document. I never gave a copy of it to Ms. Sherwood, so quit blaming me. You were obligated under the Seller's Disclosure to give her a copy, but apparently you didn't. Everyone was appalled by your comments in those documents that you would never had bought here at Pier 8 if you knew
beforehand all the disclosures/mess.

GET A SWORN AFFIDAVIT FROM MELISSA IF YOU WANT TO CONTINUE TO ACCUSE ME.

Also, this morning I met Venessa, the head designer from Sherwin Williams Paint Company, who was on the premises with Elaine Coari, Rhonda Williams. She showed me her proposed colors, AND I FULLY SUPPORT THOSE COLORS AND ELAINE AND RHONDA.

Rhonda was on the phone with Oglesby. The color scheme should had been discussed and selected by the voting membership on April 7, 2009 at the Special Homeowners' Meeting where a yea/nea vote was taken to get a restraining order against me. After ten weeks, I still have not received it but I am sure the Association's attorney is working feverish and expending hour after hour on it.

RON BIMES

________________________________

From: slgappr@bellsouth.net
To: DOZENS OF RECIPIENTS
Subject: RE: Interference
Date: Wed, 24 Jun 2009 09:26:06 -0500

Ron,

Since you want a public forum and I will continue to comply. You have screwed with me enough, interfered with my purchaser and this is going to end. Attached are my answers to your accusations. Like the Board Members you can take me off your list and go live in a vacuum.

From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Tuesday, June 23, 2009 11:25 PM
To: DOZENS OF RECIPIENTS
Subject: RE: Interference

Everyone:

1. Glen, will you please return all the documents you borrowed from me about 16 months ago? I appreciate it and will delete you immediately.

2. Miller Guice, you are sick. The last documented sale was Unit 118 which was recorded at $125,000 a few weeks ago.

Sorry Unit 116 sold on 6-12-09 for $100,000. There was $5,000 in seller concessions so the net price was $95,000. I made a mistake, the price for appraisal purposes is lower. It is recorded under MLS #764730. Ask Bob Merrick to confirm it for you. Maybe you should lower your listing.

3. Miller Guice, you are sick. You do not qualify for a homestead exemption for your Unit 319 here at Pier 8. To qualify you must own it and occupy it as your primary residence. Everyone knows you have not lived out here since August, 2005 (Hurricane Katrina). I don't trust your ethics. It is public record you have TWO Homestead Exemptions!

News to me! I have stayed at the property on several occasions after Katrina. Thank you for acknowledging your interference with then a Board Member and now a former Board Member. I am so glad you know all about my affairs. You asked Manger Oglesby to take action against me well you just admitted harassment.

4. Miller Guice, you are sick. Linda Jones Realty Company allegedly had double standards. She told me dogs had to be smaller than 25 pounds, while she allegedly told other buyers "Don't worry about your over-weight dogs". I complied with the Pier 8 Rules, while others defiantly
violated the dog rule.

Sorry don't own a dog. Please clean up after them. Got a complaint with your Treasurer bring it up with her.

5. Miller Guice, you are sick. I am glad this Association is getting the great "Susan Wilson Color Scheme". You deserve it...it is one of the many reasons I am moving.

You are part of the problem and why this happened.

6. Miller Guice, you are sick. Be honest...did you have a washer/dryer before the storm? One of your neighbors says NO. So you must be in violation of the washer/dryer regulation? It is no wonder Bob Bassett contacted the Louisiana Real Estate Commission since Linda Jones
was representing yourself.

Sorry Ron don't have me here either. But thank you for acknowledging Robert Basset interfered with my agent and killing sales at Pier 8. Everyone should thank both of you.

7. I could go on and on and on. But you crossed the line when you e-mailed the five real estate listing agents regarding a proposed Open House here at Pier 8. Is Oglesby going to fine you $350.00 for interfering with real estate agents, per the Pier 8 rules & regulations?

Ron there is no line with you. I have not interfered at all. I am providing the same accurate information given to my purchaser. If you remember Mr. Bassett insisted on all agents have correct information. Someone shared all this accurate information with my purchaser. If you look at the scanned pages you can see how you have a unique "C" in your writing. Correspondence when you were at Cotton Mill has your unique "C". An exhibit from the Gharakhani Case has a hand written reference which contains your unique "C" and your favorite friend Judge Kern Reese. This document with others made it back to my purchaser. Sorry Ron your hand writing is on the documents and it has interfered with my transaction. Does not take CSI to figure this out .

By the way Evan Soule and all the Cotton Mill people wanted to say hi.

Anything Else,

Miller Guice
Unit 319

----------

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Thursday, June 25, 2009 4:36 PM
To: DOZENS OF RECIPIENTS
Cc: al@alcorgroup.com; jfaucheu@uno.edu; lisamarie330@cox.net
Subject: Attorney Sullivan Goes to Court Tomorrow

Attorney Sullivan:

Re: Your harassing e-mail below

You write: "No Association Member has authority to paint doors, molding, or any other common elements without express consent of the Board."

I purchased the paint for the majority of the Pier 8 Condominium Association who has repeatedly stated they hate the brown doors, after a serious discussion with Elaine, Rhonda, and the Sherwin-Williams' paint designer. It was a gift from me. What they did with it is anybody's guess.

I DID NOT PAINT THE DOORS, MOLDING OR ANY OTHER COMMON ELEMENTS...I OFFERED MY UNIT TO ELAINE, RHONDA, AND MELISSA HARRISON, THE DESIGNER FROM SHERWIN-WILLIAMS PAINT COMPANY, TO USE AS A MOCK-UP. AND AT THAT TIME, I TOLD ALL THREE THAT I WOULD NOT BE SURPRISED FOR ATTORNEY SULLIVAN AND PROPERTY MANAGER TO TAKE ME TO THE SLAMMER!

Miller Guice was out here painting the trim over one year ago, as witnessed by myself, Bob Bassett, Rachel Matheiu, Susie and others. HE WAS ACTUALLY PAINTING BECAUSE HE WAS UPSET ABOUT THE PAINT SCHEME. Did you take civil action against him, Attorney Sullivan.

I AM NOT APOLOGIZING FOR PAINTING ANY OF THE COMMON ELEMENTS BECAUSE I DID NOT DO IT. ALSO, I HAVE NOT INTERFERED WITH THE CONTRACTOR OR HALTED ANY PAINTING PER YOUR E-MAIL BELOW.

TAKE THIS E-MAIL TO THE CIVIL COURTS AND EXPLAIN THE THREE PETITIONS
REGARDING THE PAINT SCHEME... BUT MORE IMPORTANTLY, GET A RESTRAINING ORDER AGAINST ME PER THE VOTE OF THE ASSOCIATION AT THE APRIL 7, 2009 MEETING REGARDING MY ALLEGED INTERFERENCE WITH REALTORS, LINDA JONES, AND MELISSA SHERWOOD WHO APPARENTLY IS BUYING MILLER GUICE'S PROPERTY.. (SHE WAS AT THE COURTYARD LATE YESTERDAY SAYING THE PAINT COLORS LOOK LIKE "poo-poo".) I HATE LIVING HERE.

I am not stupid, Mr. Sullivan. I know that I cannot paint common elements, per the Rules, Regulations, and By-laws and I do not intend to. I have received approximately 40-50 e-mails from different unit owners, the Board, the Property Manager regarding the schittty paint color scheme and they are sending you copies of their e-mails. Please take these e-mails to the
Courts and Judge tomorrow. A Re-Max realtor showed my apartment today and I believe there was some confusion about the paint. I told them to contact Mr. Oglesby because he has all the answers.

Sincerely,

Ron Bimes

________________________________

From: jwsullivan@lgsdalaw.com
To: bimeshunter@live.com; ecoari@aol.com
CC: al@alcorgroup.com; rmnola@yahoo.com; jfaucheu@uno.edu;
soonola@yahoo.com; lisamarie330@cox.net
Subject: Unauthorized paint on Association Property
Date: Thu, 25 Jun 2009 15:53:09 -0500

Please be advised that is has come to the attention of the Board and the property manager that the two of you, together with Rhonda Whitney, were involved in halting painting at the Pier 8 property yesterday, June 24, 2009, and in painting two doors and molding during the evening or overnight hours. A contract has been signed with a contractor for the painting of the building, and your interference with that contract may cause the Association to suffer additional costs. In addition, a representative at Sherwin Williams on Canal Blvd described an individual strikingly similar to Mr. Bimes who purchased the very paint that Elaine suggested in her letter of June 24, 2009 to Mr. Ogelsby. No association member has authority to paint doors, molding or any other common area without the express consent of the Board.

I am prepared to file tomorrow morning a Petition for a Temporary Restraining Order, Preliminary Injunction and Permanent Injunction seeking the court to order you to cease and desist in all further interference with the contractor retained by the association to paint the property and from further taking unilateral action to paint any portion of the buildings,
including the doors and moldings. If successful, we would be forced to seek costs and fees from you as well.

In order to avoid the necessity of taking this action tomorrow morning, each of you must submit in writing an agreement that you will refrain from any and all interaction with the contractor, any subcontractor or painter in performing their duties to paint the property, and from panting or attempting to paint any portion of the property from this point forward. Absent this written assurance from you this date, I will notify you tomorrow prior to my travel to court to present the pleadings to the court so that you may be present at the time.

Jerry W. Sullivan
Leefe, Gibbs, Sullivan, Dupré & Aldous, LLC
One Lakeway Center
3900 N. Causeway Blvd.
Suite 1470
Metairie, Louisiana 70002
Telephone: (504) 830-3990
Facsimile: (504- 830-3998
E-mail: jwsullivan@lgsdalaw.com

Offices also located in Provo, Utah

----------

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Thursday, June 25, 2009 5:37 PM
To: DOZENS OF RECIPIENTS
Cc: al@alcorgroup.com; jfaucheu@uno.edu; lisamarie330@cox.net
Subject: Elaine's Response To Attorney Sullivan

I just came from Elaine's condo a few minutes ago, and she is SHOCKED about the accusations toward her by Attorney Sullivan.

Did Mr. Oglesby tell Christine Landry to get the services of a Sherwin Williams' designer? Elaine just told me and another unit owner that is what happened. Now all Hell is Breaking Loose!

I AM SELLING MY UNIT FAST. I HATE LIVING HERE.

Ron Bimes

----------

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Thursday, June 25, 2009 9:22 PM
To:
Subject: The Police Comes to Pier 8, Again; Attorney Sullivan Also Comes....

Elaine:

I did not halt or stop any painting either, but Attorney Sullivan says we did. I really regret I was introduced to that Sherwin-Williams Paint Designer. I am e-mailing this woman telling her I wished she never came on our property.

Does the voting membership know that Mr. Oglesby had the NOPD (POLICE) out here, along with Attorney Sullivan today?

How come Attorney Sullivan is not addressing Unit 225? That door was painted....I DID NOT DO IT. People are telling me Attorney Sullivan is going to single me out for his exorbitant legal fees. What about Unit 225?

THESE ARE SERIOUS ACCUSATIONS. IS RHONDA WHITNEY RESPONDING?

Ron Bimes, Unit 121

________________________________

From: Ecoari@aol.com
Date: Thu, 25 Jun 2009 21:13:48 -0400
Subject: Re: Unauthorized paint on Association Property
To: jwsullivan@lgsdalaw.com; bimeshunter@live.com
CC: al@alcorgroup.com; rmnola@yahoo.com; jfaucheu@uno.edu;
soonola@yahoo.com; lisamarie330@cox.net

In response to your email, I did not stop any painting at Pier 8, or paint outside of my condo.

Elaine Coari

-----------

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Friday, June 26, 2009 10:05 AM
To:
Subject: RE: ATTORNEY JERRY DOES NOT HAVE THE BALLS!!!

Burl:

Re: Your e-mail below entitled "Attorney Jerry Does Not Have the Balls!!!"

Had I wrote such an e-mail, Attorney Sullivan would file suit against me immediately.

I have lived here less than two years and I have been accused of interference with the Realtors and plummeting real estate values at Pier 8--I have not seen or talked with Linda Jones, Realtor, since my closing in August, 2007--yet Miller Guice tells everyone I ran her off the property. I was not at the March 2008 Open House for all Realtors when ALL HELL BROKE
LOOSE. I was sailing that afternoon at the Lake, but Attorney Sullivan sent me a certified letter, along with Bob Bassett and Vinnie, accusing me of harassing realtors and Linda Jones. Attorney Sullivan then mailed the three letters to every unit owner here at Pier 8---all 77 unit owners. He still refused to respond to our requests for clarification, detailed specifics, etc. even though he stated in his letter to contact him if we (Bob, Vinnie,and myself) had any questions. I still have your e-mail, Burl, in which you solicited Ms. Jones' help in notifying every real estate agent in
the State of Louisiana to expose the mismanagement here at Pier 8. I think you sent that out last Oct/Nov 2008.

Yesterday, Mr. Oglesby was telling me, in front of Attorney Sullivan, that the Security Camera System here at Pier 8 was "tampered with" during the afternoon in which doors of units 121 and 225 were painted. He highly suggested to Elaine and myself that I had tampered with it. I don't know anything about that goododdamm system--and if it is not tamper-proof, Pier 8 needs a new system. Furthermore, I was advised that the cameras were "messed with" about two weeks ago, also.

Burl, can you be specific in all the things I have done wrong here at Pier 8? There have been at least four petitions circulated by different owners during the past two years complaining about the management and Board. I was not in charge of any of them--I merely signed my name, like the majority of Pier 8 unit owners. Within four months, there was a change here of FOUR
PRESIDENTS OF PIER 8. (Miller Guice, Burl Mahl, Butler Powell, and Sheryl Wagers). Are you suggesting that I, Ron Bimes, was the sole person who ran these people from their job as President?

Ron Bimes

________________________________

From: burlmahl@hotmail.com
To:
Subject: ATTORNEY JERRY DOES NOT HAVE THE BALLS!!!
Date: Fri, 26 Jun 2009 08:37:36 -0500

Mr. Al, Board and Attorney Jerry:

I think Attorney Jerry is bluffing and does not have the balls to file such
paperwork at civil district court. Jerry is merely playing brinksmanship
without the intent of following though with his threats.

For example, Jerry stated several times that he was going to do something
about Mr. Bimes in the past and has failed to do so. Why would anyone
believe Jerry would now cause a legal procedure to occur in this matter? A
bullship matter compared to the stuff Mr. Bimes and Shotgun Basset has been
doing over the past few years.

In fact, I want to thank Elaine for doing something good with regard to this
disgusting paint scheme. Elaine is doing the Board's job. We should just
put Elaine back on the Board and discard with the dead wood on the Board
now!

Putting Elaine on the Board was one of my finer moments as President! I
feel good about that. People questioned my judgment with regard to Elaine's
placement; they were wrong, I was right!

Ron, send this email to everyone.

Burl

-----------

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Friday, June 26, 2009 4:24 PM
To:
Subject: Miller Guice's Threat

MILLER GUICE THREATENS TO CONTACT THE REAL ESTATE AGENTS, AGAIN.

Copy of Miller Guice's threat. THIS e-mail IS BULL-SHIT. ATTORNEY SULLIVAN
NEEDS TO EXPLAIN THIS SITUATION AND OUT-OF-COURT SETTLEMENT TO THE VOTING
MEMBERSHIP. Guice's e-mail to the Gharakharis, Attorney Sullivan, and Mr.
Oglesby is outrageous

Guice contacted all five listing agents of the five units for sale after I
had proposed a joint OPEN HOUSE. HOW MEAN CAN HE GET?

________________________________

Subject: Fw: 219 Engineers Report

--- On Sun, 6/21/09, F. Miller Guice Jr. MAI <slgappr@bellsouth.net> wrote:

From: F. Miller Guice Jr. MAI <slgappr@bellsouth.net>
Subject: 219 Engineers Report
To:
Date: Sunday, June 21, 2009, 8:46 PM

Cami,

I sent you a letter requesting the withdrawal of the Engineers Report used
against Pier 8. To date I have not heard back from you. The Pittman report
has interfered with my marketing effort of my unit. If I am not contacted
by next week to discuss I will have no choice but to disseminated this
information to the membership and agents selling units at Pier 8. If I
can't sell mine because of your interference created by the Pittman Report I
will interfere with the sale of your unit.

Let's work this out and sell our units.

Thank You,

Miller Guice
Unit 319

-----------

-----Original Message-----
From: slgappr@bellsouth.net [mailto:slgappr@bellsouth.net]
Sent: Friday, June 26, 2009 5:28 PM
To:
Subject: Re: Miller Guice's Threat

Ron,

Thank you for sharing personal e-mails I sent to the Cami Gharakhani the
owner of record for Unit 219. I am glad to see you have disclosed your
source of information that found its way to my purchaser.

The report in question effects all units at Pier 8. Why should the Pittman
report only be shared with my purchaser and damage my unit value. My e-mail
is not BS but references admitted documents in the Pier 8 litigation. If
the report is legitimate I need to know. If it is accurate I need to either
sue Pier 8 for a pre-Katrina value of $180,000 as mentioned in the suit or
get Pier 8 to make additional repairs to my unit.

I want the matter resolved, don't you? As a former Board Member I will not
be accused of not disclosing or with holding back information as you accused
me of. Don't you feel foolish for interfering. Since you are selling your
unit don't you want this issue resolved as well.

Miller Guice
Unit 319

-----------

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Saturday, June 27, 2009 11:23 AM
To:
Subject: Requesting No Open House At Pier 8 Condominiums

June 27, 2009

Dear Listing Agents of For-Sale Units at Pier 8:

Michael Allain, Keller Williams, Unit 219
Barbara Recile, Latter-Blum, Unit 121
Joy North, Prudential Gardner, Unit 322
Mel Werner, Keller Williams, Unit 223
Specialized Realty Services, Unit 306

I am requesting NO OPEN HOUSE at Pier 8.

If you have questions, please contact:

Property Manager Albert Oglesby, The Alcor Group, ph. 887-2800
Attorney Jerry Sullivan, Legal Counsel for Pier 8, ph.830-3990

Two days ago, Attorney Jerry Sullivan sent me yet another letter accusing me
of painting the building, interfering with the contractors, and unbelievably
"halting" the painting here at Pier 8. See his e-mail below. At the same
time Property Manager Oglesby informs a former Board Member, Elaine Coari,
that I am the main suspect for tampering/vandalizing the security camera
system because he alleges that I did not want "my painting of the common
elements" to be recorded.

People are now TAUNTING Attorney Sullivan to take legal action against
me--see the outrageous e-mail below. Had I written such an e-mail like
that, Attorney Sullivan and his law firm would sue me for liable.

Some e-mails in which I have saved:

Miller Guice, June 13, 2009: "we have been lied to and mislead by our
Board Members and Manager Oglesby."

Miller Guice, June 19, 2009, an e-mail to the owners of Unit 219, which
is
listed by Keller-Williams, threatening to "interfere" with that
sale.

Miller Guice, June 20, 2009, an e-mail warning everybody of the "next
special assessment" due to mismanagement.

Miller Guice, June 22, 2009, an e-mail stating: "I CAN'T WAIT FOR
REALTOR DAY."
Apparently, he plans to be here and interfere with the proposed
Open House.

Miller Guice, June 23, 2009 e-mails all five listing agents with more crap
about me.

Burl Mahl, June 19, 2009 e-mails the Pier 8 President Jason Faucheu writing:
"You are incompetent, hypocrite, liar, ...arrogant and an asshole."

Christine Landry, June 18/19, 2009 e-mails Property Manager Oglesby: "Al
Oglesby, because the Board allows you to speak for them, we have a Mess."
"The building is awful and we are out of money."

Also, one year ago, Attorney Sullivan talked with Brandt, Re-Max Realtors,
ph. 621-4632, encouraging Re-Max to get an "injunction" against me for
interference with realtors. A prospective purchaser for Unit 212 attended a
Homeowners' Meeting at the Knights of Columbus Hall. Oglesby hired two
uniformed police officers to be there, which caused some intimidation.

The prospective purchaser did not like what he heard at that meeting from
Mr. Oglesby and the Board. The purchaser backed out of the contract and
Attorney Sullivan and the Board are blaming me. Attorney Sullivan should
have had the two police officers refrain that couple from attending the
Homeowners' Meeting, because they were not homeowners. It is unfortunate
that Mr. Oglesby had posted this meeting on the Bulletin Board where
everyone could read it.

Again, I don't want an OPEN HOUSE out here. The last OPEN HOUSE held at Pier
8 was a disaster. I was not even here for that Open House, but Attorney
Sullivan sent a certified letter, dated April 14, 2008, to me and all 77
unit owners accusing me of interference with realtors. All the profanity
and vulgarity at the Open House was attributed to me, and I was out on Lake
Pontchartain sailing that Sunday afternoon.

I am contacting my realtor, Barbara Recile, to put in the MLS "$2,000 to
selling agent." I want out of this Hell Hole fast.

Sincerely,

Ron Bimes, Unit 121

----------

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Wednesday, July 01, 2009 10:51 AM
To:
Subject: Oglesby Accuses Me of Vandalism/Tampering

Property Manager Oglesby;

Mr. Oglesby, since you told Elaine that I am the main suspect for everything
out here, including the tampering/vandalism of the camera security system, I
am requesting you show Elaine and myself exactly where I allegedly
tampered/vandalized the security system. Apparently you showed the police
and Attorney Sullivan the damage.

I want to see it, and the entire Association needs to see the damage. This
Association can vote for a restraining order to move me out of Pier 8
immediately, and I would welcome it. And Attorney Sullivan will make a lot
of money with his legal fees, processing, and consultations.

I understand from Elaine that the Sherwin Williams paint designer, Venessa
Harrison, is dumbfounded by the NOPD and Attorney Sullivan's letters of
accusations. I expected it, and even expect more.

Mr. Oglesby, I will call the police out here if you do not show me and
Elaine
this damage in the next day or two. I have a right to see this damage.

Ron Bimes

-----------

From: al@alcorgroup.com
To: bimeshunter@live.com
CC: jwsullivan@lgsdalaw.com
Subject: RE: Oglesby Accuses Me of Vandalism/Tampering
Date: Wed, 1 Jul 2009 19:28:25 -0500

Mr. Bimes:

You are operating on bad information once again. Let me be crystal clear on
this issue. I did not accuse you of anything. Admittedly your door was
involved in the recent act of vandalism at Pier 8, perhaps with your
knowledge, but I did not accuse you of painting anything despite the fact
that we know you purchased the paint the day before I discovered the act.
Nor have I accused you of tampering with the security system. If Elaine
Coari told you that I did, she is being……"less than honest" and I'm
disappointed that she would fabricate such a story….in fact….I don't believe
it; based on my past experience with her, she is simply not that type of
individual.

No response required nor will I respond to this issue again.

Sincerely,
Al Oglesby
Al Oglesby, CCIM, CPM®, CEA
Property Manager
Pier 8 Condominium Association

e-mail: Al@alcorgroup.com
Office: 504.887.2800
Toll Free: 800.727.1468
Cell: 504.416.3555
Fax: 504.889.1300

The ALCOR Group, L.L.C.
4430 S. I-10 Service Rd., W.
Metairie, LA 70001-1211

-----------

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Thursday, July 02, 2009 11:49 AM
To:
Subject: Mr. Oglesby's Contradictions

Mr. Oglesby:

Re: Your e-mail below

YOU CALLED THE POLICE TO PIER 8. THEN YOU AND THE BOARD OF DIRECTORS HIRED
ATTORNEY JERRY SULLIVAN TO WRITE ME A LETTER ACCUSING ME OF PAINTING,
INTERFERANCE WITH THE PAINT CONTRACTORS, AND HALTING THE PAINTING AT PIER 8.
YOUR E-MAIL BELOW STATES YOU ARE NOT ACCUSING ME. I AM NOT STUPID, MR.
OGLESBY.

Elaine told Greg Spano and myself, and you witnessed that episode, that you
suspected Ron Bimes was involved with the security cameras. In fact Elaine
told me that I needed to get a lawyer to fight your accusations. I hope you
remember that I became very upset with this accusation and you told me in
front of people not to point my finger toward you. I said "ADIOS", and I
left. I will believe Elaine before I believe you.

YOU CALLED THE POLICE TO PIER 8, THEN YOU HIRED ATTORNEY SULLIVAN TO WRITE
ME. WE NEED TO GO TO THE 3RD DISTRICT HEADQUARTERS, ALONG WITH ELAINE AND
GREG SPANO, AND DISCUSS THIS HARASSMENT TOWARD ME.

Regarding the unit owner who had water damage two days ago, I am told by
that owner you admitted it was a common line and that the Association will
pay his $1,000.00 insurance deductible and you instructed him to file a
claim with his insurance company. YOU ARE WRONG.

I am informing the Bottrell Insurance Company, our new insurance carrier,
that the Pier 8 Condominium Association is responsible for all the damage,
and they should be instructing the unit owner NOT TO FILE A CLAIM WITH HIS
INSURANCE COMPANY BECAUSE MR. OGLESBY HAS ADMITTED "IT IS A COMMON
ELEMENT/LINE". PIER 8 IS RESPONSIBLE.

Also, it has come to my attention that Mr. Oglesby is fixing/repairing flat
tires for some unit owners and not others. Burl told me this a.m. that
Miller Guice will be interested in knowing this, because his prospective
buyer for Unit 319 has had numerous flat tires, and Oglesby does not respond
to Miller or the prospective buyer.

People want to know how I obtained info about the Fountain Court
Condominiums. Simply put, Rachel Mathieu was in contact with the Editor of
their newspaper at the time Mr. Oglesby was hired; and at the time Mr.
Oglesby squashed Rachel's petition to have the Board removed. Rachel told
other unit owners here at Pier 8 about the Fountain Court's blog regarding
Mr. Oglesby. If it was not for Rachel, I would never have known about
Fountain Court Condominiums...or the other properties Mr. Oglesby manages.

Mr. Oglesby, I am requesting a conference with the New Orleans Police
Department to discuss the latest accusations. I still have your e-mail in
which you declined to discuss the realtor charges with Barbara Recile and
myself. I also kept your e-mail to Barbara Recile threatening to contact
the Louisiana Real Estate Commission on her.

Sincerely,

Ron Bimes

-----------

> Subject: Pier 8 - Painting of Entry Door Scheduled
> To: burlmahl@hotmail.com
> From: info@pier8condos.com
> Date: Fri, 10 Jul 2009 06:12:29 -0400
>
> ****** NOTICE ******
> NOTICE IS ALSO POSTED ON WEBSITE BULLETIN BOARD) Unit Entry Doors -
> Painting Scheduled Saturday, July 18, 2009
>
> Unit entry doors are scheduled to be painted over a two weekend period. We
are scheduled to apply the initial coat to ALL doors beginning 8:00 a.m.,
Saturday, July 18th; we will start on first floor and work as quickly as
possible to finish the initial coat hopefully by around 4:00 p.m. We will
then return the following Saturday, July 25th at 8:00 a.m. to apply the
second coat to all doors. In fairness, we will begin on the third floor that
Saturday morning and continue downward until finishing all doors again
around 4:00 p.m. We understand that is a bit of an inconvenience but we are
going to need your assistance by allowing the doors to dry in a slightly
open position for about 4 hours following each coat; there simply is no
other way to paint a door correctly unless you allow it to remain at least
partially open during the drying process. With this in mind, please make
arrangement to have someone present during these dates and times so that we
can complete what is probably the task as quickly as possible.
>
> Thank you in advance for your assistance and cooperation during the final
weeks of this long awaited exterior Pier 8 renovation.
>
> Sincerely,
> Al Oglesby, CCIM, CPM®, CEA
> Property Manager
> Pier 8 Condominium Association

-----------

From: burlmahl@hotmail.com
To:
Subject: RE: Pier 8 - Painting of Entry Door Scheduled
Date: Fri, 10 Jul 2009 10:10:55 -0500

Mr. Al, Board, Attorney Jerry:

I will be out of town on Saturday, July 18, 2009. I have valuables in my
condo and I am not hiring armed security it keep watch over my condo.

In other words, Pier 8 has criminals who steal other peoples property. I
need to be there in person in order to protect my property. I have a
weapon, pepper - spray, handcuffs and my physical presence to defend myself
and/or my property to the extent the law provides.

I do not want Shotgun Basset entering my premises and stealing anymore of my
things. Pier 8 management, the Board or its attorney does not to consider
theft a serious breach of the Pier 8 rules and regulations.

Since I cannot trust Pier 8 to protect its unit owners from simple acts of
theft, I need to be at Pier 8 to protect myself and/or property.

Again, I will not be allowing anyone other than myself to have unconditional
access to my unit on Saturday, July 18, 2009, period or any other time.
There is only one exception, Pier 8 must provide me a detailed New Orleans
police officer for security.

Burl
A Pier 8 Condo Owner

-----------

Burl:

Re: Your e-mail below

You are not the only one who is concerned about leaving your doors open here
at Pier 8.

Bob Bassett interfered with Michael Allaine, of Keller Williams Realty,
today. Mr. Bassett offered Mr. Allaine access to Unit 109 (Ms. Gondolfo's
unit)--and that unit is not even listed on the MLS For Sale. How Bob got
involved with that unit is anyone's guess.

Mr. Greg Kempton, President of Advance Waterproofing, Inc. (ph.
504-362-1843) was walking around the premises today. I asked him who he was
and he told me that Mr. Oglesby had asked him to come out to Pier 8 to
evaluate and/or bid on the walkways.

I told Mr. Kempton that I was a unit owner here at Pier 8 and most owners
are unhappy with the Board regarding the paint scheme. I was surprised to
know that the walkways were being considered for painting at this time, but
I don't know nothing about nothing.

Ms. Landry mentioned "Sven's crystal ball" in a former e-mail. Maybe Sven
and the Board know something the Association doesn't know. If the walkways
are painted, I don't think anybody gives a schitttz anymore what color the
Board selects.

Ron Bimes, Unit 121

-----------

-----Original Message-----
From: F. Miller Guice Jr. MAI [mailto:slgappr@bellsouth.net]
Sent: Friday, July 10, 2009 5:44 PM
To:
Subject: Mr. Oglesby Discrimatory Communication Policy

Property Manager Oglesby,

Thank you once again for leaving me out of communications involving my unit.
Once again I learn from the grape vine of something going on at Pier 8. It
was very clear you tout yourself as an expert in the field of property
management but you fail miserably in communication. The whole paint debacle
is your responsibility because you cannot communicate effectively. You have
clearly demonstrated once again you are not effectively communicating with
all Association members and that includes me. Please don't give me the
excuse I removed myself from the e-mail list. It's like this I don't trust
you and don't trust how you are running this Association.

For your information as per the attached e-mail Pier 8 had a bad experience
with Advance Waterproofing and I cannot recommend this company for future
work at Pier 8.

Like you would say response not necessary.

Miller Guice
Unit 319

-----------

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Monday, July 20, 2009 10:40 AM
To:
Subject: Rule 42 --Misconduct in Common Areas

Mr. Oglesby:

This past Saturday at approximately 1:00 p.m. while the painters and pest
control companies were on the premises, "misconduct in the common areas"
occurred.

Witnesses included: Ron Bimes, Michael Wakefield, Sven Ortel, Caroline
Ortel, Cami Gharanki, Peggy Fedendor, Greg Spano, Clinton Bourgeois, Elaine
Coari and others.

It was a nasty and ugly spat between two other unit owners, one of which is
your friend, Bob Bassett.

Do not fine the unit owners involved in that spat $500.00 which caused a
disturbance of the peace.

Instead, I want you and Attorney Jerry Sullivan to concentrate on me, Ron
Bimes. I also understand you waived fines regarding renters' dogs and one
regarding loud noise and drunken behavior at 2:00 a.m. in the morning in
which the NOPD was called out here.

I quietly placed the second page of the E. J. Milligan Construction
spreadsheet under everyone's doors, and you fined me within two hours. I am
sorry you did not feel the Association needed supporting documentation for
the painting bids.

Everyone tells me that you and Sullivan are going to funk me--GO AHEAD. I
think it is great you refuse to respond to certified letters.

Ron Bimes

----------

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

Fountain Court Condos - Even more of a quagmire and controversy caused by ALCOR at Pier 8 Condos

2009-07-09T11:21:00.001-05:00

"THE FOUNTAIN OF INFORMATION"
-- Wednesday, July 09, 2009 --

-- HEADLINES --

- SECRET PROXY GOING AROUND???? (SUPPLEMENTAL REPORT)
- EVEN MORE OF A QUAGMIRE AND CONTROVERSY AT PIER 8, CAUSED BY ALCOR AND
OGLESBY

----------

NOTE - Please feel free to forward this eNewsletter 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 eNewsletter. They can request their own copy by sending an email to TheFountainOfInformation@Gmail.com or they can follow us on the web
at http://TheFountainOfInformation.blogspot.com. Thanks for your continued support!

----------

HEADLINE - SECRET PROXY GOING AROUND???? (SUPPLEMENTAL REPORT)

As noted in the "BEWARE" notice posted in the laundry rooms yesterday, where the current ILLEGAL BOARD at Fountain Court is going around with a secret Proxy, trying to get 80% of the owners to sign up for their secret campaign to change the Condo Documents, if you want to see an example of the problems that will arise if these changes are made to YOUR Condo Documents, just look at what is happening at Pier 8 Condos in New Orleans.

Several years ago, they illegally passed a series of changes to their Condo Documents so that now, they only need 1/3rd of the owners for a quorum and/or to make further changes to their Condo Documents and then they made another recent change so they only need a majority of the owners that show up at an owner's meeting so they can actually make changes now with only
1/6th (17%) of the owners. How can 1/6th (17%) of the owners make changes to LEGAL DOCUMENTS that ALL of the owners signed??? How can such a small minority make changes that affect over 80% of the rest of the owners without those owners having a legal right to contest the vote???

One or more of the owners at Pier 8 Condos need to legally contest these illegal changes to their Condo Documents. Louisiana Law and their original documents had 75% approval requirements before changes could be made for a reason... these Condo Documents are a BIG CONTRACT but also kind of work like the U.S. Constitution. There's a reason why it/they should not be
changed too quickly or radically and it's why State law requires a 75% approval vote of the owners before a change can be made... to make sure an out-of-control, small group of owners, CAN NOT make radical changes to the documents.

You can see all of the changes made to the Pier 8 Condo Documents here http://www.pier8condos.com/rules_regulations/rules%20&%20regulations.html and you can also see all of the problems caused by small groups of current or previous board members and their cliques using these changes to push their own agenda, rather than having to abide by the original documents requiring super-majority votes. The U.S. Constitution also needs a super-majority vote of the States in order to make a change... and believe me, our Founding Fathers Of America were MUCH smarter than any current politician and MUCH, MUCH smarter than some of the board members serving on the current and previous boards at either Fountain Court or Pier 8 Condos.

-----------

HEADLINE - EVEN MORE OF A QUAGMIRE AND CONTROVERSY CAUSED BY ALCOR AT PIER 8 CONDOS

As you've seen in other TFOI's, there are MANY problems at Pier 8 Condos but at least their Board Members do reply to some of the owners questions/concerns. Here at Fountain Court, they hold secret Board Meetings with only their little clique of owners that they illegally deemed "At-Large Board Members" and they refuse to allow other owners into their secret Board
Meetings. Fortunately, as our LAWSUITS make their way through the Courts, things are changing and will change... forcing a newly elected and LEGAL Board to start following the Condo Documents and not make changes at whim based on who might be on the Board for that particular year. Below my signature, is another series of emails between the owners, Board Members and ALCOR that is still going on at Pier 8 Condos over the small minority of the
Board and ALCOR choosing "crappy colors" for their complex. I have another dozen or so emails but those would make this edition of TFOI even longer than it already is. The rest of these emails will be released this coming weekend.

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

------------

From: Christine Landry
Sent: Friday, June 19, 2009 5:24 PM
To: Al Oglesby; jason faucheux; Miller Guise; burl mahl; Sheryl Wagers
Subject:

Al,

No one is asking that 77 people agree about the color. Majority rules. You
keep pushing for the 77. Please try and please the majority. This is out
of hand because the board, the management company and the association are
all on different levels because of poor communication. HAVE A MEETING...it
works.

Christine

-----------

--- On Sun, 6/21/09, Al Oglesby <al@alcorgroup.com> wrote:

From: Al Oglesby <al@alcorgroup.com>
Subject: RE: Front awning selection/decision process
To: "'Christine Landry'"
Date: Sunday, June 21, 2009, 11:56 AM

Christine:

Question. How was the entrance awning selected? How and who determined the
color? Perhaps we could suggest that same process to the Board?

------------

From: Christine Landry
Sent: Monday, June 22, 2009 8:36 AM
To: al@alcorgroup.com; jason faucheux; Elaine Coari; Sheryl Wagers; Tony
Puccia; Guice, Miller
Cc: Jerry Sullivan; jerrysullivan@lgsdalaw.com
Subject: RE: Front awning selection/decision process

The board voted on the color and selection,- Lisa, Miller, Rhonda and I..
Please keep in mind that the color was selected based on the fact that we
were going to paint the fence a color to compliment the building and the
entire front entrance, We never got to that point due to money issues.

With that said, I want to bring up your letter regarding the petition. Al,
the petition is very clear that the signatures want ivory doors. You write
that "you are unclear on that point"'. Sheryl said she spoke to you about
the color. Why is this so difficult?.

Jason, it is now time to call a meeting so that we can talk this out and
avoid more confusion, Per Al, he does not call meetings. Will someone on
the board step up because it is apparent that this form of communication is
not working.

We can meet by the pool. Please give us the courtesy to get the record
straight. In addition, because the paint job has turned into an awful mess,
we need the services of a professional exterior decorator to give us
guidance on the fence color and the walkways. We cannot rely on
inexperienced people.

Please let me know when we can meet.

Christine

----------

From: Miller.Guice@hud.gov
To: christinelandry1@yahoo.com; al@alcorgroup.com; jfaucheu@uno.edu;
ecoari@aol.com; sheryl.pier8@gmail.com; tpuccia02@yahoo.com
CC: jwsullivan@lgsdalaw.com; jerrysullivan@lgsdalaw.com;
bimeshunter@live.com; burlmahl@hotmail.com; lex8376@sbcglobal.net
Date: Mon, 22 Jun 2009 12:47:24 -0400
Subject: RE: Front awning selection/decision process

All,

I was involved in process of the front awning replacement. The awning in
addition to new landscaping and fence color was part of the hurricane
rebuild in which the Board was charged with the task. Please don't compare
the rebuild to the current charade that is ongoing. For the rebuild the
Board was give the task to make certain decisions in order to expedite the
rebuild. WE had legal council at our meetings to guide us through the
decisions process.

The attached comment from Mr. Oglesby concerning the awning I consider to be
inappropriate and I personally take offence. For Mr. Oglesby, you did not
inherit this problem as you are quick to say then blame others but created
it yourself so take responsibility.

The awning was paid for with 100% insurance proceeds. The change in color
of the awning was part of a front elevation upgrade and make over. This
part of the rebuild which was never completed. For the uninformed,
approximately 70% of the awning cost was for the replacement of the awning
frame. After the awning went up we received complaints. The saving grace
was if the new awning color did not work it would cost approximately $4,500
to change out the awning. I think this cost to be minor in order to get a
better product in light of the grotesques color scheme that is being forced
down the association's throat.

In essence it can be said my Board in 2006 gambled with $4500 to get a
better product versus spending $100,000+ for an incomplete paint job and
gamble with overall property values. Now who is wasting money and creating
hard feelings?

Miller Guice

Unit 319

----------

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Monday, June 22, 2009 1:14 PM
To: christinelandry1@yahoo.com; al@alcorgroup.com; jfaucheu@uno.edu;
ecoari@aol.com; sheryl.pier8@gmail.com; Tony; Glen Forman; gspano@uno.edu;
Larry Unit 318; Lenny Vasbinder; megacasey2003@yahoo.com; Melissa Sherwood
Unit 319; Mike Casey; bimeshunter@live.com; Ryan & Shannon; Sam Sackler,
Bottrell Insurance; smwagers@gmail.com; Susan Wilson; Sven;
tpeperone@msn.com; Verra Torres; Vinnie Gharakhani; Miller Guice;
dirosa@jesuitnola.org; Cami Gharakhani; Butler Powell; Burl Mahl;
brecile@latterblum.com; burgamy1@cox.net; bonniethomas16@yahoo.com;
benusey@msn.com
Cc: lex8376@sbcglobal.net
Subject: Awning and Legal Counsel Guidance

Everyone:

Re: The three e-mails (above) from Ms. Landry, Mr. Guice, and Mr. Oglesby
about the Front Awning

The following two checks were paid to Bill's Canvas Shop, per the Katrina
Account Deposit and Disbursement Log, Dated January 23, 2008, which was
distributed to all unit owners at the February, 2008 Annual Meeting:

Check # 2110 Dated 8/30/2007 $ 9,999.99 (Deposit of new canopy)
Check # 2131 Dated 10/10/2007 $10,001.00 (Final payment for awning)

Mr. Guice states in his e-mail below:

"For the uninformed, approximately 70% of the awning costs was for the
replacement of the awning frame."

Mr. Guice continues to state that replacing the canopy cloth only would be
approximately $4,500.00 I have looked at that awning frame, and if we paid
$15,500.00 for that frame, Pier 8 has been ripped off. The frame is not
heavy-duty. Mr. Oglesby referred to Foster Awning Company as the original
installer in a recent memo. I have reviewed the Katrina Account Deposit and
Disbursement Log again and I note that no check was written to Foster Awning
Company. How much did Foster charge to put the awning frame up? I am
contacting these companies for copies of their invoices, because I know Mr.
Oglesby will not provide any information about Foster Awning.

Mr. Guice also stated: "We had legal counsel at our meetings to guide us
through the decision process."

August 2007 Board Meeting Minutes (which were obtained during Vinnie's
lawsuit against Pier 8) stated that the color of the awning was going to be
"rust". Had legal counsel guided Mr. Guice's Board in distributing those
minutes and/or had Dalton Truax posted this $20,000 capital expenditure on
the web-site during his weekly up-dates, there would not be a problem with
the awning. Obviously, the legal counsel believed that the voting
membership was not priviledged to this information.

I moved in and immediately inquired about the paint color and awning.
NOBODY KNEW ANYTHING, ALTHOUGH THE COLOR HAD ALREADY BEEN PRE-SELECTED. I
do not understand why the legal counsel does not guide the Board to have
open Board Meetings, distribution of Board Meeting Minutes, and audited
financial statements.

Ron Bimes

----------

-----Original Message-----
From: slgappr@bellsouth.net [mailto:slgappr@bellsouth.net]
Sent: Monday, June 22, 2009 6:02 PM
To: Ronald Bimes; christinelandry1@yahoo.com; al@alcorgroup.com;
jfaucheu@uno.edu; ecoari@aol.com; sheryl.pier8@gmail.com; Tony; Glen Forman;
gspano@uno.edu; Larry Unit 318; Lenny Vasbinder; megacasey2003@yahoo.com;
Melissa Sherwood Unit 319; Mike Casey; bimeshunter@live.com; Ryan & Shannon;
Sam Sackler, Bottrell Insurance; smwagers@gmail.com; Susan Wilson; Sven;
tpeperone@msn.com; Verra Torres; Vinnie Gharakhani; dirosa@jesuitnola.org;
Cami Gharakhani; Butler Powell; Burl Mahl; brecile@latterblum.com;
burgamy1@cox.net; bonniethomas16@yahoo.com; benusey@msn.com
Cc: lex8376@sbcglobal.net
Subject: Re: Awning and Legal Counsel Guidance

Mr. Blowhard,

You did not live at pier 8 when the decisions were made and don't have a
clue as to what went on. Please stay on your meds. Might I remind everyone
that you and your good buddy Bassett ran off Realtors. I cant wait for
Realtor Day. Will we have Mr. Interference handling out rules for dogs. Do
I need to remind you that you that you reported me to the Assessors Office
and the City Attorneys office because you were unhappy.

Its like this, your property manager is trying to take the spotlight off
himself by throwing the new awning color into Christine Landry's face. As a
conciliation prize Pier 8 will now get ivory doors and a crap color scheme.
I hope the colors blend with your Polynesian color scheme in your unit.
With the petition and concession by the Board for the ivory colored doors
its like creating a conscent agreement. The Association just agreed to the
new color scheme.

Feel smart now!

Miller Guice
Unit 319

----------

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Monday, June 22, 2009 11:30 PM
To: Miller Guice; christinelandry1@yahoo.com; al@alcorgroup.com;
jfaucheu@uno.edu; ecoari@aol.com; sheryl.pier8@gmail.com; Tony; Glen Forman;
gspano@uno.edu; Larry Unit 318; Lenny Vasbinder; megacasey2003@yahoo.com;
Melissa Sherwood Unit 319; Mike Casey; Ryan & Shannon; Sam Sackler, Bottrell
Insurance; smwagers@gmail.com; Susan Wilson; Sven; tpeperone@msn.com; Verra
Torres; Vinnie Gharakhani; dirosa@jesuitnola.org; Cami Gharakhani; Butler
Powell; Burl Mahl; brecile@latterblum.com; burgamy1@cox.net;
bonniethomas16@yahoo.com; benusey@msn.com; bimeshunter@live.com
Cc: lex8376@sbcglobal.net
Subject: Identify the Realtors, Mr. Guice

Mr. Guice:

Please identify the realtors who I ran off. Where is the restraining order
you promoted to the Association? Attorney Sullivan stated at the April 7,
2009 meeting that the paperwork was in place--how come he doesn't file the
paperwork? IT IS HARRASSMENT, JUST LIKE THE LETTERS
HE MAILED TO ALL 77 UNIT OWNERS ONE YEAR AGO, REGARDING VINNIE, BOB BASSETT,
AND MYSELF

I HAVE A RIGHT TO KNOW SPECIFIC DETAILS, NAMES, DATES, LOCATIONS, WHAT WAS
SAID. PLEASE TELL ME, MR. GUICE, IMMEDIATELY.

Ron Bimes

-----------

From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Sunday, June 21, 2009 12:35 PM
To: benusey@msn.com; bonniethomas16@yahoo.com; brecile@latterblum.com;
burgamy1@cox.net; Burl Mahl; Butler Powell; Buzzy; Cami Gharakhani;
dirosa@jesuitnola.org; ecoari@aol.com; Glen Forman; gspano@uno.edu; Larry
Unit 318; Lenny Vasbinder; megacasey2003@yahoo.com; Melissa Sherwood Unit
319; Mike Casey; Miller Guice; bimeshunter@live.com; rachel; Ryan & Shannon;
smwagers@gmail.com; Susan Wilson; Sven; Tony; tpeperone@msn.com; Verra
Torres; Vinnie Gharakhani; al@alcorgroup.com
Subject: FW: Pier 8 Condominiums Open House

Everyone: I am proposing an OPEN HOUSE at Pier 8 to get these units sold.
I promise everyone that I will not be on the premises during this open
house. See below.

Ron Bimes

From: bimeshunter@live.com
To: rcom@prudentialgardner.com; mel@melwerner.com; brecile@latterblum.com;
michaelallain@kw.com; info@sresinc.com; al@alcorgroup.com;
bimeshunter@live.com
Subject: Pier 8 Condominiums Open House
Date: Sun, 21 Jun 2009 12:23:07 -0500

June 21, 2009

To all listing agents of Pier 8 Condominiums

Re:
Unit 322 $100,000 Joy North (504-288-4100) rcom@prudentialgardner.com

Unit 223 $113,900 Mel Werner (504-733.4200) mel@melwerner.com

Unit 121 $127,500 Barbara Recile (504-388-3118) brecile@latterblum.com

Unit 219 $149,500 Michael Allain (504-455-0100) michaelallain@kw.com

Unit 306 $169,000 Specialized Real Estate Services (504-468-7979;
504-883-5252) info@sresinc.com

As the owner of Unit 121, I am proposing that all five listing agents of the
above units coordinate an OPEN HOUSE for all of these units within the next
couple of weeks, with advertising in the newspaper. I am willing to donate
refreshments for the Open House. My realtor is Barbara Recile, Latter-Blum
Realtors, above.

Thank you for your consideration.

Sincerely,

Ron Bimes
318 Lake Marina Drive, Unit 121
New Orleans, La. 70124 ph. 504-485-1235

cc: The Alcor Group, Property Manager of Pier 8 Condominiums

-----------

-----Original Message-----
From: F. Miller Guice Jr. MAI [mailto:slgappr@bellsouth.net]
Sent: Sunday, June 21, 2009 8:29 PM
To: 'Ronald Bimes'; benusey@msn.com; bonniethomas16@yahoo.com;
brecile@latterblum.com; burgamy1@cox.net; 'Burl Mahl'; 'Butler Powell';
'Buzzy'; 'Cami Gharakhani'; dirosa@jesuitnola.org; ecoari@aol.com; 'Glen
Forman'; gspano@uno.edu; 'Larry Unit 318'; 'Lenny Vasbinder';
megacasey2003@yahoo.com; 'Melissa Sherwood Unit 319'; 'Mike Casey';
'rachel'; 'Ryan & Shannon'; smwagers@gmail.com; 'Susan Wilson'; 'Sven';
'Tony'; tpeperone@msn.com; 'Verra Torres'; 'Vinnie Gharakhani';
al@alcorgroup.com
Subject: RE: Pier 8 Condominiums Open House

Ron,

I see where Unit 219 has had its listing price reduced from $165,000 to
$149,500. What's going on here. Are you going to have Robert Bassett
removed from the property as well. This is the guy that has ran off my
agent and interfered with my sales and others. Oh, I forgot this is
Property Managers Oglesby pet who does no wrong.

Miller Guice

Unit 319

------------

-----Original Message-----
From: F. Miller Guice Jr. MAI [mailto:slgappr@bellsouth.net]
Sent: Tuesday, June 23, 2009 10:42 AM
To: 'Ronald Bimes'; christinelandry1@yahoo.com; al@alcorgroup.com;
jfaucheu@uno.edu; ecoari@aol.com; sheryl.pier8@gmail.com; 'Tony'; 'Glen
Forman'; gspano@uno.edu; 'Larry Unit 318'; 'Lenny Vasbinder';
megacasey2003@yahoo.com; 'Melissa Sherwood Unit 319'; 'Mike Casey'; 'Ryan &
Shannon'; smwagers@gmail.com; 'Susan Wilson'; 'Sven'; tpeperone@msn.com;
'Verra Torres'; 'Vinnie Gharakhani'; dirosa@jesuitnola.org; 'Cami
Gharakhani'; 'Butler Powell'; 'Burl Mahl'; brecile@latterblum.com;
burgamy1@cox.net; bonniethomas16@yahoo.com; benusey@msn.com
Cc: lex8376@sbcglobal.net; michaelallain@kw.com; rcom@prudentialgardner.com;
mel@melwerner.com; info@sresinc.com
Subject: Interference

Mr. Bimes,

You requested some documentation concerning harassment of Realtors and Board
Members at Pier 8. Some of it is attached. Don't bother asking President
Faucheux to comment on something he was not present for. Anyway he would
refer to Property Manager Oglesby. In addition you can give the engineers
report to your real estate agent. Remember the one that amazingly was
delivered to my purchaser. The one that identified existing structural
damage at Pier 8. I think we call that latent defects for which all owners
in the Association are responsible for. Maybe we need to get a complete
list of latent defects for the agents so the disclosure statements can be
correctly filled out. Check the City records for restraining orders
involving Mr. Gharakhani. If you would like I can get additional
information.

Bob Bassett's threat to Linda Jones is at the bottom. Remember Linda the
agent that sold you your unit, the one you harassed and ran off. The one
that discouraged you from purchasing you unit. If needed I can find the
e-mail threats of complaints to the Secretary of State made by Mr. Bassett.

Since you like everyone to be informed I copied the Realtors for the
upcoming Open House. Now all are informed. Do I need to supply
documentation of your harassment of Management at Fibermills and Cotton
Mill?

This should satisfy your request.

Accurately Submitted,

Miller Guice

Unit 319

OLD EMAIL ATTACHED TO ABOVE ----------

From: bimeshunter@live.com
To: bfmason@cityofno.com; bimeshunter@live.com; burlmahl@hotmail.com;
butler.powell@capitalonebank.com; kimberly@wagnertruax.com; ecoari@aol.com;
estone5@lsu.edu; gspano@uno.edu; mpcjr17@gmail.com; rmnola@yahoo.com;
burgamy1@cox.net; tpuccia02@yahoo.com; lake.marina@yahoo.com
Subject: DEFINITION OF "HOMESTEAD EXEMPTION--ORLEANS PARISH"
Date: Wed, 11 Jun 2008 14:39:49 -0500

11 June 2008, 2:15 p.m.

To Bobbie Mason, Asst. City Attorney:

Thank you for phoning me a few minutes ago.

According to Orleans Parish Assessor's website:
"In order to qualify for homestead exemption, one MUST OWN AND OCCUPY
the house as
his/her primary residence."

Mr. Guice's apartment is NOT under construction and he does NOT OCCUPY the
apartment. It has been listed for sale for nearly two years.

The 2008 Homestead Exemption Receipt states:
"Dear Homeowner, it is very important that you sign and return the
attached exemption
card to my office IF YOU RESIDE AT THE PROPERTY."

I refuse to debate with Mr. Guice if he does or does not occupy that
apartment at 318 Lake Marina Drive, Unit 319, New Orleans, La. 70124. As
with the Pier 8 By-Laws, I guess everything is up for interpretation!!

Sincerely,

Ron Bimes ph. 527-5415

ANOTHER OLD EMAIL ATTACHED TO ABOVE
________________________________

From: bimeshunter@live.com
To: bfmason@cityofno.com; bimeshunter@live.com; burlmahl@hotmail.com;
butler.powell@capitalonebank.com; kimberly@wagnertruax.com; ecoari@aol.com;
estone5@lsu.edu; gspano@uno.edu; jwsullivan@lgsdalaw.com; rmnola@yahoo.com;
burgamy1@cox.net; tpuccia02@yahoo.com; lake.marina@yahoo.com
Subject: CITY ATTORNEY'S OFFICE TO INVESTIGATE MILLER GUICE'S TWO HOMESTEAD
EXEMPTIONS
Date: Wed, 11 Jun 2008 11:59:34 -0500

11 June 2008

Ms. Bobbie Mason
Assistant City Attorney
City Hall 5th Floor
New Orleans, La.

Dear Ms. Mason:

Per our meeting this a.m. at City Hall, I appreciate your time to
investigate Mr. Frederick M. Guice, Jr.'s two homestead exemptions here in
Orleans Parish: One located at 466 Abalon Ct, New Orleans and the other at
318 Lake Marina Drive, Unit 318, New Orleans.

I am also attaching a string of e-mails from Mr. Guice and Ms. Christine
Landry accusing me of harrassing residents at the pool and real estate
agents, etc. I have continuously requested the names, phone numbers, dates
of incidents of the alleged harrassment, but to no avail. I have requested
a meeting with these two individuals at Wagner-Truax's offices, our property
management company.

Mr. Guice alerts everyone here at Pier 8 that "a convict" is living here in
the complex. Mr. Guice has accused me of vandalism, declining property
values, and no respect for authority here at Pier 8.
He "misled" me when he wrote I could put a sign in window. He "misled" me
when he wrote that police reports were filed. He "misled" me when he wrote
a new pool sign had arrived with so-called
garbage on it. AND NOW MR. GUICE IS 'MISLEADING' THE ORLEANS PARISH
ASSESSOR'S
OFFICE WITH TWO HOMESTEAD EXEMPTIONS, per my conversations this morning with
both the deputy assessors of the 5th and 7th Municipal Districts. Both
deputy assessors reviewed the exemptions and concluded an investigation is
necessary; and perhaps the City Attorney's Office should be involved.

I look forward to hearing from you on either Thursday or Friday of this
week.

Sincerely,

Ron Bimes
318 Lake Marina Drive, Unit 121
New Orleans, La. 70124 ph. 527-5415

ANOTHER OLD EMAIL ATTACHED TO ABOVE

From: ROBERT BASSETT [mailto:JBBASSETT24@msn.com]
Sent: Tuesday, December 04, 2007 2:17 AM
To: Linda@NolaRealEstate.com
Cc: miller_guice
Subject: Re: 318 Lake Marina Drive Unit 319 LREC Determination

Thanks Linda---I will process the LREC Complaint form

and let things follow the normal channels!!

Bob

END OF OLD EMAIL ATTACHMENTS

-----------

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Tuesday, June 23, 2009 5:16 PM
To: Miller Guice; christinelandry1@yahoo.com; al@alcorgroup.com;
jfaucheu@uno.edu; ecoari@aol.com; sheryl.pier8@gmail.com; Tony; Glen Forman;
gspano@uno.edu; Larry Unit 318; Lenny Vasbinder; megacasey2003@yahoo.com;
Melissa Sherwood Unit 319; Mike Casey; Ryan & Shannon; smwagers@gmail.com;
Susan Wilson; Sven; tpeperone@msn.com; Verra Torres; Vinnie Gharakhani;
dirosa@jesuitnola.org; Cami Gharakhani; Butler Powell; Burl Mahl;
brecile@latterblum.com; burgamy1@cox.net; bonniethomas16@yahoo.com;
benusey@msn.com; Buzzy; bimeshunter@live.com; rachel
Cc: lex8376@sbcglobal.net; michaelallain@kw.com; rcom@prudentialgardner.com;
mel@melwerner.com; info@sresinc.com
Subject: RE: Interference

Mr. Guice:

Re: Your e-mail below, Sweet-Heart

I never gave your prospective purchaser, Melissa Sherwood, a copy of the
engineer's report regarding your property. Did she tell you that I gave her
a copy?

I understand she is very unhappy prospective purchaser if indeed she
purchases your unit. Did Board Member Susan Wilson call the police on her?
Was there a verbal assault between the two women? Did Mr. Oglesby take
pictures of Melissa's shirtless son with the dog pooping? Did Mr. Oglesby
have any confrontations with her about her parking spot and flat tires,
etc.?

After Linda Jones sold us our unit nearly two years ago, I had no dealings
with her, yet you state I ran her off the premises. Either you or Ms. Jones
is lying. She needs to call the police. Anyone listing with Linda Jones
has to be crazy because Linda Jones' office / residence is 30 miles one way
across the Lake from Pier 8--60 miles round trip. Do you think she would be
willing to drive all that distance to show CHEAP condo units at Pier 8?

Yes, you do need to supply me with the documentation of my alleged
"harrassment"
toward Management at Fibre Mills and Cotton Mills. You can e-mail it to all
Pier 8 unit owners.

Finally, you did not need to e-mail all the listing agents about the
problems here at Pier 8. They all know because the sellers have told them
it is SHIT here at Pier 8.

Ron Bimes

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Fountain Court Condos - "The Fountain Of Information" - BEWARE!!! SECRET PROXY GOING AROUND????

2009-07-08T17:05:00.001-05:00

"THE FOUNTAIN OF INFORMATION"
-- Wednesday, July 08, 2009 --

-- HEADLINES --

- SECRET PROXY GOING AROUND????
- WHY ISN'T ALCOR AND THE BOARD TRYING TO SAVE SOME OF YOUR MONEY???

----------

NOTE - Please feel free to forward this eNewsletter 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 eNewsletter. They can request their own copy by
sending an email to TheFountainOfInformation@Gmail.com or they can follow us on the web at http://TheFountainOfInformation.blogspot.com. Thanks for your continued support!

----------

- HEADLINE - BEWARE!!! SECRET PROXY GOING AROUND?????

I just passed by the rear courtyard laundry room and the following "Notice" was posted on the bulletin board in the laundry room. The original notice was printed by a computer printer and then someone added hand-written text to the printed "Notice".

Here is a re-print of the printed "Notice" on the bulletin board:

BEWARE!!

YOU ARE BEING ASKED TO VOTE FOR 4 (FOUR) PROPOSALS THAT WOULD ALLOW A SMALL GROUP OF INSIDERS TO CIRCUMVENT THE ARTICLES OF INCORPORATION AND THE BYLAWS OF FOUNTAIN COURT CONDO. ASSOCIATION.

IF ALL 4 (FOUR) CHANGES ARE RATIFIED, IN THE FUTURE, ONLY 15 OWNERS COULD
CHANGE ANYTHING, ANY TIME THEY WANTED TO.

DON'T BE AFRAID TO VOTE NO!!!

DON'T SIGN THE PROXY THAT IS BEING CIRCULATED BECAUSE IT ONLY ALLOWS YOU TO VOTE YES.

Signed - THE FOUNTAIN COURT VIGILANCE COMMITTEE

(Please note that the editor of this newsletter is not involved with this committee but I am glad to see someone else is getting involved.. and if they are on this email list, please contact me privately so we can work together! There's power in numbers!!!)

Here is the hand-written comments that were added to the "Notice":

This is uninformed statement. If you need more info, ask the board of directors why you are being asked to sign the proxy.

Signed - Comitte to move F.C. Forward

(Please note that the errors in spelling and grammar are exactly as were written on the "Notice" and I have a scanned copy for verification.)

- HEADLINE - WHY ISN'T ALCOR AND THE BOARD TRYING TO SAVE SOME OF YOUR
MONEY???

As many of you know, I provide lawn care services as part of my business. Something that I've been doing for several of my customers this year, to help them cut back their expenses, is putting them on a 10-day schedule instead of a weekly schedule for their lawn care. Most of my customers like weekly lawn care, but for many, the higher taxes, low interest rates and rising unemployment rates are making them be a little more frugal with their money. Instead of them cutting back to having their lawns done every two weeks, they have cut back to every 10 days. This saves them 25% off of their lawn care bill (since I charge them the same for 10 day service as I did for weekly service).

Since ALCOR took over as the anointed one... ooops.. I meant the manager of Fountain Court, the cost for lawn care has risen 300%... in less than two years. I bet they didn't tell you that. You all use to have a lawn care service cut the grass for around $100.00/week and the new company, THAT WAS ALREADY IN BED WITH ALCOR, is charging $300.00/week... THREE TIMES MORE. I wonder if he even shopped around this year? Probably not, as competition
has grown dramatically (just based on the number of ads on Craigslist) and that has caused prices to come down. Either shopping around for a better price or cutting back from once a week to every 10 days would have saved the owners over $3,000.00 a year... OR MORE!!!

ALCOR has also had one of his maintenance/clean-up people doing the recent pressure washing of the wooden decks around the pool. Do any of the owners know if ALCOR donated this employee or if you all paid BIG BUCKS for this work? One owner sent ALCOR an email asking about this and also asking for a copy of the Management Contract but did not receive a reply to either request. What do they have to hide???

----------

Until next time, let "The Fountain Of Information" flow!!!

Sincerely,

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742

Fountain Court Condos - "The Fountain Of Information" - Sunday, June 28, 2009

2009-06-28T21:17:00.002-05:00

"THE FOUNTAIN OF INFORMATION"
-- Sunday, June 28, 2009 --

-- HEADLINES --

- ANOTHER "DID YOU KNOW???" COLUMN - ALL ABOUT THE PARKING "PROBLEMS" IN THE MAIN PARKING LOT
- A BOARD MEMBER FINALLY SPEAKS UP!!!!... WELL, SORT OF...
- HOA AND CONDO NEWS FROM AROUND LOUISIANA AND AROUND THE U.S.A.

NOTE - Please feel free to forward this eNewsletter 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 eNewsletter. They can request their own 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 - "DID YOU KNOW" WHY PARKING IS SOMETIMES A PROBLEM IN THE MAIN PARKING LOT... BUT IT'S LIKE A GHOST TOWN IN THE REAR PARKING LOT???

As most of you have probably seen, there has been a "NOTICE" up in all of the plastic "Notice" holders all around Fountain Court, warning owners about using the PetsMart parking lot, mainly front courtyard owners since it's easier for them to park in the PetsMart lot and walk to their unit, than trying to find a spot in the main FCCA parking lot... and it's closer than parking in one of the guest spots all the way in the rear parking lot. ALCOR has also emailed and posted on the website about this so-called "problem".

NOW... Do you want to know why there is a "problem"???

"DID YOU KNOW" that in the two years that ALCOR has been the so-called manager of Fountain Court Condos, several "Guest" parking places in the main parking lot have been re-assigned to people who use to have their reserved parking spots in the rear parking lot? Yes... it's true!!! This has been secretly done without asking or telling ALL of the owners of how several spots have been re-assigned. These "Guest" spots are, or rather were COMMON
ELEMENTS, owned by ALL OF THE OWNERS, not perks to be used by the Manager and/or Board to curry favor from certain owners.

Further, there are other owners who almost NEVER park in their reserved spots and instead park in one of the guest spots in the main parking lot, leaving their reserved spot empty almost all of the time. I'm not sure if they do this as a way of having a more "convenient" parking space or if they do this so their reserved spot is always open for when one of their guests might come by to visit, so that THEIR guest would not have to look for a parking spot.

Some examples of these ILLEGAL guest spot reassignments and other parking issues... (and yes, I have hundreds of photographs and/or other evidence proving these FACTS)

1) Unit 58's reserved parking spot use to be in the rear parking lot, but apparently that owner didn't like parking in the rear so they asked either the Board and/or Manager to move their spot to the main parking area and instead of giving this owner a guest spot, they actually STOLE another unit's reserved spot and gave it to Unit 58. This spot, in question, is located directly across from the front ramp of the rear courtyard. This spot use to belong to Unit 41, Mr. Baer, who passed away after Katrina. Since Unit 41 was vacant and the owner had passed away, I guess the Manager and/or Board decided to give away their reserved spot. All of a sudden,
when Unit 41 finally was sold, the new owners did not have a reserved spot so the Manager and/or Board had to find them a spot so they gave the new owners of Unit 41 a new reserved spot, two spots over from where their original reserved spot was located. This means that the main parking lot lost one of the available guest parking spots and the rear parking lot gained another empty spot.

2) Unit 82's reserved parking spot has always been in the rear parking lot and there is still the number 82 painted on the rear fence. However, Unit 82 now has their reserved spot located in the main parking lot right near the Maintenance Shed... a spot that used to be a guest spot, so now, the main parking lot has lost two guest spots and the rear parking lot has two available spots.... well sort of... technically, the spot where "82" is painted on the fence still appears to be a reserved spot for that unit for anyone that might need a parking spot... or does "82" NOW have two reserved parking spots since their unit number appears on two different parking spots.. one in the main parking lot and one in the rear parking lot.

3) Unit 68's reserved parking spot is right behind their unit in the small parking areas behind the east buildings of each courtyard... however, the owner of Unit 68 almost always parks their car in one of the guest spots in the main parking lot, leaving their reserved parking spot empty over 90% of the time. I'm not sure why this owner does this since their reserved parking spot is closer to their unit than one of the guest spots that they usually park in. Maybe they want to keep their reserved spot open for their guests??? OR maybe their attitude is "Screw the rest of the owners when they have a guest come by to visit"... who knows???

These are just a few of the instances that I know of. I'm sure there may be other instances that I haven't uncovered... YET!!! If you know of a situation like this, please feel free to confidentially email or call me with the information. I have hundreds of photographs over the past year,
showing these FACTS, as well as other documents supporting these FACTS.

Now, I'm not blaming these owners for trying to get better parking places. Why wouldn't they ask, once they found out that the Manager and/or Board was willing to give away COMMON ELEMENTS without asking ALL of the owners if it was OK, or NOT! Certainly, the owners should be allowed to vote whenever any COMMON ELEMENTS are going to be given away to an individual owner. I blame the Manager and/or Board for doing this and MANY OTHER ILLEGAL ACTS in secret... but then, that's the way CROOKED POLITICIANS ALWAYS DO THINGS... UNTIL THEY ARE EXPOSED!!!

-----------

HEADLINE - A BOARD MEMBER FINALLY SPEAKS UP!!!!... WELL, SORT OF...

-----Original Message-----
From: Tunstall, Virginia [mailto:VTunstall@panamericanlife.com]
Sent: Wednesday, June 24, 2009 9:32 AM
To: Lenny Vasbinder; fountain_court_condos_metairie_la@yahoogroups.com
Cc: info@fountaincourtcondos.com; al@alcorgroup.com; buftun@aol.com; cablenetno@netzero.net
Subject: RE: Condos for Sale at Fountain Court Condominiums

Lenny, I have asked you to take me off any and all future emails. I really have no interest in what you have to say any longer. Please respect my wishes.

Buftun@aol.com
vtunstall@panamericanlife.com

AND MY REPLY -

-----Original Message-----
From: The Fountain Of Information
[mailto:thefountainofinformation@gmail.com]
Sent: Wednesday, June 24, 2009 1:01 PM
To: 'Tunstall, Virginia'
Subject: RE: Condos for Sale at Fountain Court Condominiums

As a Board Member, you should have an interest in ALL THINGS going on around Fountain Court, including with the manager, ALCOR, with the litigation going on, etc..

Have you resigned from the Board?

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742

THERE HAS BEEN NO FURTHER RESPONSE FROM THIS SO-CALLED ILLEGALLY ELECTED BOARD MEMBER AND OFFICER.

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- HEADLINE - HOA AND CONDO NEWS FROM AROUND LOUISIANA AND AROUND THE U.S.A.

See the following Q & A from Regenesis.net

The Regenesis Report - Innovative Homeowner Association Management Strategies - June 2009

http://www.regenesis.net/cgi-bin/content.cgi?doc_id=540

Ask the HOA Expert

Excluding Votes

Question: Our homeowner association recently adopted an amendment to the governing documents limiting the number of rental properties. The board prohibited voting by members who were in arrears. Does the board have this authority? And, if so, can the board discount those votes when calculating the votes required (75% in our case) to amend the governing documents? Our board has been very aggressive in issuing fines and penalties and declared 50% of the members ineligible to vote. So, the votes that were allowed constituted only 50% of total votes. Of those, 40 (90%) voted in favor of the amendment so the board declared the amendment passed. Is that legal?

Answer: Taking away an HOA member's right to vote can only be done if the governing documents allow it. Since a member's right to vote is a fundamental owner right, this kind of restriction is rare. And the board never has authority to invoke voting restrictions on its own. From what you describe, this board acted improperly and should be called on it as soon as
possible. If it is not held accountable for this kind of chicanery, who knows what kind of dictatorial behavior may follow?

TFOI Comments -

Part of me was thinking I should not publish the above Q&A since it might give wannabe control freak Board Members more ideas of ways to try and control the owners and their votes but this is something that people who are stuck in HOA's should be aware of, so they can be prepared for when it happens to them. We at Fountain Court already knows what happens... just like the above answer... "chicanery... (and) dictatorial behavior". But that's all going to end SOON as our counter-lawsuit makes its way through the Court system. We may even file for an immediate injunction soon, since the Board continues to do their ILLEGAL ACTS. Further, because the Fascist Board and Manager did what they did, God worked in mysterious ways and exposed MANY of the other ILLEGAL things the current and past Boards and Managers have been doing for the past umpteen years. Even more will be coming out as we do our Discovery related to the litigation.... or will the Board and ALCOR destroy/hide evidence? We'll have to wait and see.

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Can a poorly managed Condo Association really fall completely apart? Just ask the remaining handful of owners at the Brandywine Condominiums in Baton Rouge, Louisiana -

The following two articles in 2TheAdvocate.com, a joint news website Produced by The Advocate (Baton Rouge's main newspaper) and WRBZ News 2 (the ABC affiliate in Baton Rouge), concerning the Brandywine Condominiums in Baton Rouge, LA, which are on the verge of total collapse because of their Boards and Managers mis-managing the 298 unit complex for so long. Only a handful of units are still occupied and they are facing their power and water being cut off right now. These articles are from April and May, 2009.

http://www.2theadvocate.com/news/43405567.html?showAll=y&c=y

http://www.2theadvocate.com/news/46558422.html?showAll=y&c=y

The articles also made it onto the HOANewsNetwork.com, also known as "The HOA Nut House" website, where you can read hundreds and hundreds of articles about what goes wrong in Condo and Home Owner Associations where the Boards and Managers start doing everything illegally, instead of doing things right!!!

http://www.hoanewsnetwork.com/media/complex_s_future_uncertain.php

Good news for buyers/investors though... a 3BR unit at Brandywine recently sold for $11,000.00. ;-)

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Louisiana Real Estate Commission Information

http://www.lrec.state.la.us/Residential%20Property%20Disclosure%2003-01-08.pdf

The above link leads to the OFFICIAL "Louisiana Residential Property Disclosure" form. Section 6 of this form deals with Condos and HOA's (Home Owner's Associations). Question 35 in Section 6 asks, "Is there any pending litigation regarding the property?".

Of course, the answer is YES and when asked for more details by their agent or a prospective buyer, an owner should inform their real estate agent and/or prospective buyer that the ILLEGAL Condo Association illegally held Owners Meetings for the past six years, then they illegally elected Officers/Board Members, who then illegally changed the Condo Documents,
including the Rules and Regulations, then started illegally using these illegal changes to harass, threaten, intimidate, fine and eventually sue multiple owners/residents trying to force them into submission with the illegal Rules and Regulations. Unfortunately for the Condo Association,
these owners/residents counter-sued the Condo Association pointing out to the Court, in public record, just how illegal everything has been done for the past six years at Fountain Court Condos. This litigation has been going on since 2007 and may go on for many years to come and will result in substantial legal fees for the Condo Association Members and may ultimately
result in a LARGE Judgment against the Condo Association, it's Board Members, Officers and the actual owners, since the Condo Association may no longer enjoy a "corporate veil" of protection since the corporation has been running itself so illegally for so long... in not complying with their own written Condo Documents.

Hmmmm.. no wonder some owners are complaining that they cannot sell their units right now, because the litigation is scaring away potential buyers. Well, maybe these owners should quit blaming the people who were first sued and start blaming the real culprits... themselves, their illegal Officers/Boards, their illegal Rules and Regulations and the FACT that they sat by and watched while their illegal Officers/Boards tried to illegally threaten, harass, fine and sue people who then stood up to these illegal actions and started fighting back.

Instead of blaming the owners/residents who are standing up to the completely illegal actions going on around Fountain Court Condos, they should be looking in the mirror and blaming themselves for allowing these illegal actions to go on for so long and not doing anything about them.

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From the Remax-Louisiana website...
http://www.remax-louisiana.com/real-estate-investment.aspx

Condos, Apartments & Single Family

What are the differences between condos and single-family homes? Using appreciation as a measure, condominiums in some areas have been as profitable an investment as single-family homes in the past five years. And in some markets, condos appreciated even more, according to some experts.

While single-family homes have been the preferred investment by homebuyers, changing demographics are helping make condos more popular, especially among single homebuyers, empty nesters and first-time buyers in high-priced markets.

Also, the condominium community has worked hard in the last few years to overcome image problems brought on by homeowners association and developer disputes as well as all too frequent construction-defect litigation.

Should I be looking into condos?

While condos never had the kind of appreciation experienced by single-family homes in the go-go 1980s, most ultimately have not lost value, say some experts. And with high prices in many urban markets and more single homebuyers in the market than ever before, the market for condos is strong.

As with any home purchase, you should do your homework about the neighborhood or development before you buy. In the case of condominiums, it is important to read the past six months of homeowners association minutes to see how effective the board is and to learn about any possibly detracting issues (such as protracted litigation with the developer).

The condominium community has worked hard in the last few years to overcome image problems brought on by disputes and lawsuits. Associations are becoming more sophisticated about property management and taking steps to prevent legal problems and disputes.

Condominiums have held their value as an investment despite economic downturns and problems with some associations. In fact, condos have appreciated more in the past few years than when they first came on the scene in the late 1970s and early 1980s, experts say.

While there are lots of reports about homeowner's association disputes and construction-defect problems, the industry has worked hard to turn its image around. Elected volunteers who serve on association boards are better trained at handling complex budget and legal issues, for example, while many boards go to great lengths to avoid the kind of protracted and expensive
litigation that has hurt resale value in the past. (Obviously the Fountain Court Condos Board and their hired-gun Manager have not learned from those lessons).

Meanwhile, changing demographics are making condominiums more attractive investments for single homebuyers, empty nesters and first-time buyers in expensive markets.

How do homeowners associations work?

Learn everything you can about the homeowners association before you buy into a development governed by one. The association's financial, political and legal conditions are very important to your investment and quality of life.

When run properly, homeowners associations maintain the common grounds and keep civility in the complex. If you follow the rules, the association should not intrude on your privacy or cost you too much in association dues.

Poorly managed associations can drag down property values and make living there difficult for residents. Start by studying the association's covenants, codes and restrictions, or CC&Rs, and find out if you can live by them. For example, if the rules prohibit loud music after a certain hour and you like to play your CDs late at night, this may not be the place for you. Don't move in thinking you can get away with violating the rules or change them later because you may find yourself in turmoil with determined neighbors firmly in control of the association board.

Find out all you can about the association's finances. Beyond reviewing the budget, talk to the association treasurer and find out if dues are expected to increase and if any special assessments are planned. Ask if special inspections have revealed problems with roofs or plumbing that may cause a dues hike or special assessment later on.

Call and meet with the association president. If you are the type of person who despises intrusions into your private life and the president seems more interested in gossip about the residents than maintaining the property, this may not be the right condo complex for you.

Speak with residents to get their views on the association's finances, its property manager, how it operates and any politics. Associations are volunteer organizations with elected boards, like a mini-government, so politics can enter the picture and spoil a good thing.

Lastly, take some time to understand how homeowners associations are organized and how they conduct business. Like all real estate investments, the more you know the better off you are.

------------

A recent post on the HOAnet Yahoo Group:

1. From A Friend: 'Homeowner Associations Investigated - Houston News Story - KPRC
Posted by: "George" george@pvtgov.org starmangroup
Date: Mon Jun 22, 2009 6:05 am ((PDT))

George has sent you a link: "Homeowner Associations Investigated - Houston News Story - KPRC Houston"

The link:
http://www.click2houston.com/news/19775687/detail.html?dsq=11553811&taf=hou#comment-11553811
Homeowner Associations Investigated
By Amy Davis

POSTED: Wednesday, June 17, 2009
UPDATED: 6:48 am CDT June 17, 2009

HOUSTON -- They charge many of us hundreds of dollars a year, using the money to pay for parks, pools and landscaping. But some say homeowners associations are abusing their power, taking more money and property from homeowners every year.

WATCH IT: Local 2 Investigates Homeowners Associations
KPRC Local 2 investigative reporter Amy Davis shows you how some homeowners are fighting back.

Homeowners' dues pay for the swimming pool, tennis courts and landscaping in some neighborhoods, but homeowner Jon Kruger says all he's getting from his HOA in Atascocita South are headaches.

"If I had done something outrageous, I could understand their problem," Kruger told Davis.

What Kruger did was roof his home of 16 years. Hurricane Ike blew whole sections of it off. Now, Kruger's HOA is calling his new roof substandard.

Even though he replaced it with what he thought was the same color and design shingles he had always had, Kruger's HOA says it's not acceptable. "The day before Ike it was perfectly fine. But the day after Ike it's substandard and not aesthetically pleasing," Kruger said.

"The homeowner has no effective way to fight back," said attorney David Kahne.

Kahne represents homeowners against HOA's in court, but he says the scales of justice are tipped in favor of the HOA.

"If the association sues you and wins, they get their attorney fees back," Kahne explained. "You pay that."

On the flip side, if you prevail in court, you pay your own attorney's fees. Since your homeowner dues paid for the HOA lawyer, you'll essentially foot the bill all the way around.

It's why Texas Homeowners for HOA Reform are pushing for new laws to reign in HOA's. They want to take foreclosure power away from HOA's and outlaw $200 a day fines.

More than 100 HOA-related bills were filed at the state capitol this session. Not a single one passed.

"Follow the rules," said Sandy Denton. "You bought in here. You agreed to follow the rules, so let's do it now."

Denton is the general manager of the Sienna Plantation Residential Association. She spent a lot of time working to convince lawmakers to keep the laws that let HOA's assess big fines and even foreclose on homes when dues go unpaid for whatever reason.

"Is it something that's used excessively? No, it's not," Denton answered her own question. "But it is leverage out there just like a taxing entity has to collect assessments so that a homeowner does pay."

Those who want HOA reform say your money is paying for more than just lighting, fencing and neighborhood amenities.

Take Kruger for example. His HOA is managed by a private company called Community Asset Management. We stopped by to talk with the president of Community Asset Management, but he wasn't available and never returned our calls.

Not only does Atascocita South pay the management company for fining homeowners and collecting those fines and dues, it has also hired an attorney. The attorney charged Kruger a $125 legal fee for sending him a letter about his "substandard" roof.

"The people who want HOA's are the attorneys who make the money, the management companies who make the money and people who want to control others," said Beanie Adolph, a member of Texas Homeowners for HOA Reform.

Adolph has collected thousands of court records that show HOA's are filing against their homeowners more and more. From 2000 to 2007, the number of HOA foreclosure-related filings in just Harris County has jumped 52 percent.

"The biggest scam perpetrated on the American people, that's what they are," said Adolph.

So why didn't our lawmakers pass any of the bills that would level the playing field between HOA's and homeowners? Some say our legislature just had too many bills to consider this session. Others say it didn't help that the HOA industry sent nine paid lobbyists to Austin.

Coming up Wednesday night, what information is your HOA required to give you? You may be surprised what some won't reveal.

If you have a question for an attorney about your rights as a homeowner when battling your HOA, you'll want to tune in Thursday afternoon. We've got a panel of legal experts who will take your calls and answer your questions. The phone bank will be open from 4 to 6:30 p.m. If you have a news tip or question for KPRC Local 2 Investigates, drop them an e-mail or call their tipline at (713) 223-TIPS (8477).

Message from George:

MY COMMENT: I congratulate this station for publishing a frank statement on the hidden, unspoken of by CAI and other pro-HOA supporters, real downside to HOA living. Some would refer to the HOA's "legal extortion" techniques, where, as shown in the article, the homeowner really doesn't get to win. If he sues to get the HOA to obey state laws or the governing documents, he pays and the HOA doesn't even get a slap on the wrist. State laws fail to punish the HOA board violations, yet impose foreclosure on homeowners for failing to pay, or place lines on their homes. There is no justice in an HOA. Individual rights are penalized under the weak argument that everything in the so-called "contract" was presented and fully agreed to.

The simplistic "you agree to follow the rules" is blatantly wrong, because all the "rules" -- those that fail to mention the loss of rights and freedoms available under the constitution -- are not told to the homeowner. He is not told of these downside affects, not even by any state warning
advisory or notice.

Tell your legislators that you have had enough and that you want enforcement of the laws against HOA boards!

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http://www.azcentral.com/arizonarepublic/local/articles/2009/06/17/20090617condosuit0617.html

Couple win lawsuit vs. HOA over remodeling

189 comments

by Peter Corbett - Jun. 17, 2009 12:00 AM

The Arizona Republic

Bill Martin and Amy Amaro-Martin were like thousands of other Valley residents a few years back who tapped into their home equity to remodel and expand their townhouse.

What they did not expect was a tortuous four-year battle with their homeowners association over their remodeling plans. That clash led to a recent $200,000 jury verdict in their favor.

A Maricopa County Superior Court jury ruled late last month that the Sutton Place Improvement Association discriminated against the Martins in obstructing their remodeling and filing a lawsuit against the couple to stop the project. Bill Martin is Black and Amy Amaro-Martin is Hispanic.

The Sutton Place board oversees 47 townhouses in central Phoenix near 24th Street and Osborn Road.

"Juries in Arizona are tired of the power HOAs have," said Ashley Adams, the Martins' attorney. "(The Sutton Place board) financially ruined the Martins because of this litigation, and they were mistreated by people in the community."

The Martins' case is somewhat unusual in that homeowners do not often prevail in litigation involving homeowners associations. Plus, their discrimination complaint in a countersuit added an ugly element to the battle among neighbors of Sutton Place, a cozy community of mostly retirees that dates back to the early 1960s.

The Martins said that other residents had remodeling plans quickly approved, but their request dragged on for more than two years while board members continually harassed them. The couple also found another minority resident who heard a board member say, "Black people shouldn't be living here."

Jean Alley, Sutton Place Improvement Association president, declined to discuss the case. She referred questions to attorney Steven Napoles, who did not return calls seeking comment.

The Martins' ordeal began in August 2004 when they submitted remodeling plans to the association board. Their one-story townhouse is among 10 units that are outside the gated part of the community.

They wanted to more than double the size of the home by adding a second story and a deck on top of that.

Bill Martin is a fitness trainer, his wife a sales representative for an online employment service. They have two children.

Sutton Place board members had concerns about the new wing of the Martins' townhouse extending more than 15 feet from the original front of the home. They also wanted the arched windows, stucco and wrought-iron features to fit with the architectural features of the community.

Phoenix approved the Martins' plans in March 2005, and the board gave its OK two months later.

Martin, acting as his own general contractor, started construction of the addition in February 2006. Within two months, the board began complaining about the Martins' addition, its height, windows, stucco and paint color.

"It just became a witch hunt," Martin said of complaints from board members. "It was clear I was never going to satisfy these people."

A year later, the board filed suit against the Martins, claiming they had violated the association's deed restrictions by deviating from their remodeling plans. The Martins denied the claims and responded with a countersuit claiming the board discriminated against them.

Martin said he was reluctant to do that. "I never play the race card," he said. "That's just not me."

In the May 29 ruling, Judge Craig Blakey decided that the Martins were not in violation of the association's deed restrictions and that any deviations from the plans were inconsequential to the overall project.

"Mixed signals were given by different representatives of the board of directors to the (Martins) and, as the jury had to find in rendering its verdict, (the board) treated (the Martins) differently than it did other residents who remodeled their homes," Blakey said.

The Martins are now negotiating with the board and its insurance company on a settlement of the $200,000 judgment and the couple's attorney fees, which they estimate at more than $80,000.

Bill Martin said he has little hope of collecting from the association.

Sutton Place resident Joe Smith, a former board member, said he fears residents will be stuck with paying up to $8,000 each to pay the judgment and legal fees.

Smith said the board used the association's $25,000 reserve fund to file suit against the Martins without ever holding a public meeting to consider the action.

The association, one of the first homeowners groups in Arizona, could be forced to file for bankruptcy, he said. Since the jury verdict, Martin said no board member has apologized to him.

"It didn't have to be this way, but it became personal," he said of the dispute. "I like living here, and they're not going to run me off."

Comments on HOAnet Yahoo Group:

1b. Re: Couple win lawsuit vs. HOA over remodeling
Posted by: "George" george@pvtgov.org starmangroup
Date: Wed Jun 17, 2009 6:34 am ((PDT))

My submitted comment:

This jury victory is important for several reasons:

First, the decision that the deviations "were inconsequential" reflects the tyranny of boards assisted by HOA lawyers who fight rather than advise that the matter is trivial. Second, the decision to fight over trivia, only keeps the board's legal advisors happy -- $$$$$ win or lose, no matter who pays, the homeowner or the HOA. Even if this means going into bankruptcy as
a result of the board's failure to act in good faith and as a prudent person should -- legal duty of a director. Third, the apathy or lack of support of the other homeowners, in the belief that the odds favor the HOA winning, now hits them between the eyes and they are being forced to ante up for this trivial suit.

And finally, it was a jury trial! In civil suits, the homeowner must ask for a jury trial. You will not win in a case involving a question of broad HOA powers to decide, which is granted them under the CC&Rs. Homeowners can win on questions of reasonableness of HOA action, violations of director duties, of the governing documents and of state laws. You will not win just because you simply don't like or agree with a board decision.

This suit was about power -- nobody challenges the board, and the HOA lawyers are right there doing their thing. Welcome to HOA-land!

For more info see http://pvtgov.org.

1c. Re: Couple win lawsuit vs. HOA over remodeling
Posted by: "Bill Davis" bdavis@capital-ip.com outlaw_97035
Date: Wed Jun 17, 2009 10:28 am ((PDT))

The Court didn't actually find any deviations. The Court only noted that any deviations were inconsequential.

Please visit the HOA's website and particularly the important information page here:

http://www.suttonplace.org/Sutton_Place_Improvement_Association/Important_Info.html

At the bottom there is a link to "Update on Martin Case". Please select and read this short letter from the Board.

The Board's "update" letter states that the Court denied the Association's request that the Martins make alterations to their residence that conform to the plans submitted to and approved by the Board of Directors. There is also the standard "We will keep you informed" - NOT.

The Notice fails to mention that the Court found that the Martin's improvements were not in violation of any deed restrictions. The Notice fails to identify any alleged deviation from the plans. The Notice fails to mention that the Court found that "any deviations from the plans were
inconsequential to the overall project". The Notice fails to mention that the Court found the Association had engaged in racial discrimination against the Martins. The Notice fails to mention the $200,000 judgment against the HOA in the Martin's favor.

The Board's version of "we will keep you informed" means "we will tell you what we want you to know". Thank goodness for open courts and a free press outside of the HOA. The Board's subjects would likely otherwise never know about the findings against the HOA they are involuntary members of.

Look at what the Board did through omission of pertinent details and misstatement of others. The Board hasn't learned anything - and that's a problem when there is a lack of personal responsibility or liability by Board members. The Board's letter was written and published to convey the idea that the Martins had done something wrong and are getting away with it. The Board carefully omitted rather pertinent findings of the Court and misstated those that it did not omit. The language of this letter was designed to create more animosity toward the Martins.

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http://www.lasvegasnow.com/global/story.asp?s=10398870

Legislature Debates HOA Bill

Updated: May 20, 2009 5:42 PM CDT

Homeowner association scandals over the last year rocked the Las Vegas valley and made many people question who was really is in charge. Lawyers and board members were accused to pocketing millions of dollars.

State lawmakers are finalizing plans to make any shady activity a crime. Senate Bill 182 would make it a category C felony to tamper with or falsify HOA elections. That's a stiffer penalty than the laws surrounding political corruption among elected officials.

Supporters say that's just fine by them.

The FBI continues its investigation into HOA political corruption, trying to tie posh developers to boards scattered throughout the valley. SB 182 would make influence peddling and kickbacks a crime.

The bill has faced little opposition to this point and the end of session deadline is looming. The bill's supporters and those in the HOA community say now is the time to strike.

"They have all the powers of a government, okay. And there is no one watching all this money," said State Senator Mike Schneider.

"Something needs to be done to these people. These are people's homes here. This is their investments," said Barb Noto with the Park Avenue HOA.

The bill will have until next Wednesday in order to get out of committee or else it will die. Homeowners and those passionate about HOA's just want control back. But the clock is winding down very quickly. If the bill makes it out of committee, it has until June 1, 2009 to make it through the session.

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http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-ragland_27met.ART.State.Edition1.50fc6cf.html

JAMES RAGLAND

12:00 AM CDT on Wednesday, May 27, 2009
JAMES RAGLAND

As soon as I pulled up next to his "assigned" parking space, Frank Larison threw his arms up in the air, his 6-foot-1 frame frantically waving me to a "visitor" slot.

"No, no, no," Larison mouthed, his eyebrows leaping to the brim of his cap.

The last thing the 58-year-old Vietnam veteran wants is to get into trouble with his homeowners association.

Too late for that, I'm afraid.

Larison's already at odds with his HOA, which is threatening to tow his car if he doesn't remove what he calls his "patriotic" decals on the back windshield of his 2008 Chevy HHR.

"I've been trying to keep away," Larison said, explaining how he's maneuvering to keep his car from being hauled away. "But I can't stay gone forever."

I'm here to figure out what all the fuss is about, to wade into what appears to be yet another horror story involving an overbearing, if not overzealous, HOA.

No, this isn't as bad as the case of the Frisco homeowner who was threatened last summer with fines for parking his Ford F-150 pickup in his driveway, a violation of his HOA's rules requiring that non-luxury trucks be garaged.

Nor is it as troublesome as the tales of Texas homeowners who've faced foreclosure for not paying their HOA dues.

That's serious stuff. This one is ridiculous precisely because it's so, well, petty.

Larison roosts in a peaceful enclave of Lake Highlands condos with a name that belies the tension he's feeling - Woodlands II on the Creek.

To the naked eye, at least, none of the condos stands out from the others, which, I'm sure, is exactly the way the HOA wants things to be.

That's fine with Larison, who moved from an apartment in Irving to the northwest corner of Royal Lane and Skillman Street in Big D on July 4, 2001.

"I needed to get my own place," he said. "And I thought I'd have some peace and quiet."

For the most part, he said, he's had no major bones to pick with his homeowners association, other than a disagreement two years ago over a structural alteration to his parking space that caused the tail of his truck to stick out into the fire lane.

The disabled vet, who says he suffers from post-traumatic stress disorder, got that mess straightened out to his satisfaction: The bright red line denoting the fire lane was moved back to give residents more space to park.

After all that, Larison ultimately traded his pickup for a new gas-saving car, which, coincidentally, is the source of his current conflict.

About five months ago, he adorned the rear window of his black Chevy HHR with several decals, the largest of which is the eagle, globe and anchor, the official emblem of the U.S. Marine Corps.

There's also a diamond-shaped 1st Marine Aircraft Wing insignia and two other small window decals.

He's also got one sticker on his bumper that reads: "OORAH! It's a Marine Thing."

As proud as he is of the men and women who serve his country, and of his own 14 years spent in the Marines and Coast Guard, Larison didn't think much about his decals until he got a letter from his homeowners association.

The letter, dated May 18, stated that the Woodlands II board of directors "has observed that your vehicle has decal advertising on its exterior" in violation of a homeowners association covenant.

The directors then directed Larison to immediately remove the decals or "keep them covered with magnetic panels at all times when your vehicle is parked on the Property ... no matter for how long."

Then comes the bold-faced warning: "If you fail to remove the decals or cover them with magnetic panels upon receipt of this letter, your vehicle will be towed at your expense."

Beyond that, the letter warned, if Larison keeps "visible decal advertising" on his car on or after May 31, he could face "fines of $50" each time he parks.

The president of the HOA, who lives a stone's throw from Larison's condo, didn't return a phone call. Larison said a neighbor told him she's on vacation.

I did speak to a management company that handles the HOA's maintenance program, and all she would tell me is that this particular HOA is a "strict enforcer" of rules.

When I described the alleged infraction, the woman said, "That seems unpatriotic, doesn't it?"

Yes, it does.

And so far, the man who says he hates conflicts so much that he changes the TV whenever a violent scene appears is standing his ground.

For starters, he said, his decals aren't advertising anything. More than that, however, he believes he has a First Amendment right to sport military service decals on his car.

"I am a Marine Corps" veteran, he said. "I do support our troops. I'm patriotic. If that's wrong, if that's going to keep me from living here, well, I'm sorry."

Hooray for him. Better yet, make that "Ooh-rah."

Comments from HOAnet Yahoo Group:

1b. Re: dallasnews.com article from George
Posted by: "Bill Davis" bdavis@capital-ip.com outlaw_97035
Date: Wed May 27, 2009 10:44 am ((PDT))

Why don't they name the management company?

Invariably it is the management company that is engaging in these practices.

1c. Re: dallasnews.com article from George
Posted by: "Frederick L. Pilot" fpilot@dreaminglucid.net fpilotsmarts
Date: Wed May 27, 2009 10:55 am ((PDT))

One has to wonder if these companies are getting a share of legal fees generated if this results in a frivolous lawsuit that commonly arises out of these silly situations.

1d. Re: dallasnews.com article from George
Posted by: "Bill Davis" bdavis@capital-ip.com outlaw_97035
Date: Wed May 27, 2009 2:51 pm ((PDT))

Generally, attorneys cannot "share legal fees" with non-attorneys. However, in Texas the management companies frequently collect a portion of the fine themselves (and thus are incentivized to find fault with everything). The management companies also rack up collection fees and other fees by entangling fines with assessments. Moreover the accusations generate chaos and hostility which are good for the management company partner in crime aka the HOA attorney. These two work together to mutually fleece the residents.

Worse, in Texas, the party seeking to enforce a restrictive covenant gets its attorney fees if it prevails. The party defending, or asserting an action to have one declared void/invalid, or otherwise "not enforcing" a restrictive covenant generally cannot get their attorney fees at all even when they prevail. This puts even more gold in the coffers of HOA management companies and HOA attorneys because they can accuse with impunity. If the matter is elevated to a lawsuit, the HOA will not be on the hook for the homeowners attorney fees. The HOA attorney, however, has an unfair advantage because he can continue to drive up the costs for the
homeowner while the homeowner faces the risk of having to pay the HOA attorney's fees and
the loss of their house.

It works like this - accuse the homeowner of something. It doesn't matter that the accusation is groundless. Now issue a fine. When the homeowner tries to pay his assessment, subtract the amount of the fine and "handling charges (e.g., postage, administrative charges, etc.) so that the homeowner is left in arrears for his assessment. This automatically generates a collection/late fee for the management company. Now get the HOA attorney involved as a "collections" attorney. Add the HOA attorney's fees to the homeowners alleged debt. Make sure that all payments are first applied to fines, late charges, collection fees, administrative fees, attorney fees, etc. before being applied to assessments. This will actually generate even more collection/late fees unless the homeowner immediately pays everything demanded by the management company and HOA attorney. If the homeowner doesn't immediately pay everything, threaten the homeowner with foreclosure for failure to pay his assessment. This is the extortion racket practiced by the HOA management companies and attorneys in Texas.

If you want to challenge anything, you do so at the risk of losing your home. The management company, Board, and HOA attorney will look for a daily fine. In addition, there is a statute that presently allows $200/day civil damages to the HOA for a breach of a CCR. Of course, if the Board breaches a CCR there is no civil damage available to the homeowner. So in a very short order, the HOA attorney and management company can rack up a large "debt" on the homeowner with virtually no cost to these organizations. They often negotiate their engagement agreement with the HOA as a contingency agreement. If there is any money left then the HOA will eventually get paid. However, the entire racket is designed to divert as much as possible
from the homeowner into the coffers of the management company and HOA attorney under the pretext of HOA necessity.

----------

http://www.myfoxdfw.com/dpp/news/HOA_Asks_Vet_to_Remove_Bumper (Stickers)

Vet's Patriotic Stickers
Under Fire
Published : Wednesday, 27 May 2009, 10:45 PM CDT

James Rose
DALLAS - Frank Larison is a disabled veteran with more than 14 years of service, including more than a year of combat duty in Vietnam.

The 58-year-old former Marine now finds himself under attack by his Dallas homeowners association for displaying seven decals on his vehicle supporting the Marine Corps.

"To me, it's being patriotic, and it shows that I served," the veteran told FOX 4.

The board says the decals are advertisements that violate HOA rules, and must be covered or removed.

Otherwise, the homeowners association for The Woodlands II on The Creek --- where Larimore has lived for eight years --- says in a letter it will tow the car at Larimore's expense. The board also threatens to fine him $50 for any future incident.

Larimore says the decals, ranging from the Marine emblem to Semper Fi slogans, aren't advertisements for anything. "You can't buy freedom," he reasoned.

UPDATE: Vet Overwhelmed by International Exposure. Some neighbors are outraged.

"That is his identity," said neighbor Mary Castagna. "He goes to a lot of the veteran meetings, and it means a lot to him. Everyone else agrees with it; it doesn't bother anybody."

"He's in the Marines, and he's proud of it, and I don't blame him," said neighbor Paul Hardy. "If I'd gone through what he's gone through, I'd be kind of proud of it myself."

The letter from the board states you can't have any form of advertisement anywhere on your car on your property. FOX 4 cameras spotted bumper stickers for political parties, health causes, and other non-commercial interests on the property as well.

One board member said he was unaware the HOA presidents sent the letter and did not know of any issue with Larimore's vehicle.

"I will be looking into it," said board member Art Bradford. "I didn't know anything about this. I haven't seen this."

The board president was out of town and unavailable. The condo management company did not want to comment.

Comments from HOAnet Yahoo Group:

1b. Re: HOA Tow Vietnam Veteran's Car Over Marines Decals
Posted by: "Bill Davis" bdavis@capital-ip.com outlaw_97035
Date: Fri May 29, 2009 8:34 am ((PDT))

Yet again, the identity of the management company is concealed. These reports need to identify the management companies so that the pattern becomes apparent to the public. If you watch the video, the Board member is wholly unaware of the letter - which speaks again to the likelihood that this is all being driven by the management company. The reporters need to
identify the management companies and the HOA attorneys in every one of these stories. They need to also specifically identify the name of the HOA.

-----------

Until next time, let "THE FOUNTAIN OF INFORMATION" flow!

Sincerely,

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742

Fountain Court Condos - "The Fountain Of Information" - Condos For Sale Around FCCA

2009-06-23T17:03:00.004-05:00

"The Fountain Of Information"
-- Tuesday, June 23, 2009 --

-- HEADLINES --
- CONDOS FOR SALE AROUND FCCA
- MORE IMPORTANT INFORMATION ABOUT THE LITIGATION GOING ON AT FCCA AND THE UPCOMING LITIGATION
- WELCOME TO SOME OF THE "CORPORATE" NEIGHBORS OPERATING OUT OF UNITS

(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/ or join the Fountain Court Condos Yahoo Group Bulletin Board at http://groups.yahoo.com/group/Fountain_Court_Condos_Metairie_LA
Thanks for your support!)

- CONDOS FOR SALE AROUND FCCA -

Based on an idea from Ron Bimes at Pier 8 Condos, I thought it might be a good idea if all of the owners/realtors, who presently have units listed "For Sale" at Fountain Court, might want to get together and have an OPEN HOUSE at Fountain Court as well... to try and sell some of these vacant units. I did a little research and here is what I've found so far, as far as units that are listed "For Sale" online.

An MLS Search (Multi List Service Search) from RE-MAX shows the following:
http://www.darrylglade.com/remaxla/modules/agent/agent.asp?p=findahome.asp&s
elected=qck&acc=88420&street=6901%20Veterans%20Blvd&city=Metairie&state=LA&z
ip=70003&addrentered=true

Unit 38 - 3BR - $119,000

Unit 43 - 2BR - $109,900

Unit 91 - 2BR - $99,900

Unit 67 - 2BR - $95,000

Unit 81 - 2BR - $84,900

Unit 54 - 1BR - $75,000

A few other FSBY (For Sale By Owner) online ads were also found with a Google search.

Unit ?? - 1BR - $69,000 - PatrickKearney78@yahoo.com
http://neworleans.craigslist.org/reo/1194353179.html

Unit 58 - 2BR - $264,900 (WOW... THEY ARE LIKE THAT ANT WITH THE RUBBER TREE PLANT... THEY HAVE HIGH HOPES! LOL)
http://www.listingvue.com/Louisiana-Condo-For-Sale-465926

Unit 24 - 1BR - $78,500 - http://www.forsaleownerhomes.com/details/1626141/

Last, but certainly not least... well maybe ALCOR would be considered "least"... here is ALCOR'S listing for:

Unit 39 - 3BR - REDUCED!!! (according to ALCOR'S PDF document "ad") to $127,000 ("Owner is motivated, willing to pay 1st years condo dues, open to all reasonable offers")
http://www.alcorgroup.com/6901%20Veterans%20-%20Unit%2039.pdf

I wonder if this owner realizes that although they have their property listed with a so-called Real Estate Agent, that agent does not have the property listed with the MLS (Multi List Service)... so unless someone is searching the internet for properties for sale at Fountain Court, they may
not find this unit listed... or maybe ALCOR is counting on some kind of insider's edge since he is the so-called manager of Fountain Court??? Who knows!

So there you have it, at least 10 units currently up for sale at Fountain Court, that's OVER 10% of the people trying to get the HELL out of here. Nearly ALL of the past Katrina Board Members have either sold their units already or are trying to sell their units. Maybe they knew something that they didn't tell the rest of you all... that is making you all liable for the likely $525,000.00 Judgment that is forthcoming out of all of the litigation that is going on at FCCA right now.

- SPEAKING OF LITIGATION -

Speaking of litigation... some owners have expressed concern that "Don't you know that you are suing yourself?" since we have counter-sued Fountain Court (of course, only after they sued us to try and make us comply with their ILLEGALLY PASSED RULES amendments first. They have now admitted that their ILLEGAL RULES AMENDMENTS were in fact, ILLEGAL, since they tried to make changes to them after our Court filings pointed out JUST HOW ILLEGAL they are... but since the Board is ILLEGALLY ELECTED, even their changes are ILLEGAL).

My answer to this question is... if you were one of the unfortunate owners of stock in Enron, Lehman Brothers or one of the countless other BIG Publicly traded companies that went bankrupt due to their fraudulent bookkeeping and management practices and you lost all of your money... would you sue them to try and recover your losses? Of course you would... and
there are tens of thousands of such lawsuits, many are class-action, still going on today. BUT WAIT... you are/were an owner of that company (a stock holder is no different than a condo owner) and now you are suing yourself??? Yes... unfortunately, the way the law and the Condo Documents are written, when the Owners, Board and Manager start illegally breaking the contract (the 187 page Condo Documents), the only recourse for an owner is to sue the entire association (corporation)... BUT... NOW THAT WE KNOW WHO THE INDIVIDUAL CULPRITS ARE and how they knew or should have know they were doing things illegally and fraudulently and intentionally NOT following the Contract, we will be amending our lawsuit to PERSONALLY sue each and every current and past Board Member, Officer, Manager and even the illegally
appointed "At-Large Board Members" (for which the Condo Documents does not even allow such appointed persons). Hopefully, then, the errors & omissions and indemnification insurance policies will kick in and independent lawyers, other than ALCOR'S hired gun, will start to look into what is being done so illegally around Fountain Court Condos.

- WELCOME TO SOME OF THE "CORPORATE" NEIGHBORS OPERATING OUT OF UNITS -

Oh yeah... I almost forgot... I want to welcome ALL of the NEW and not-so-new corporate tenants at Fountain Court Condos. It seems at least three Corporations are now operating out of Unit 62... I guess on a "loophole" since businesses are not supposed to be run out of owner's units. At least, that's what Kristina Mores called it when I became a Mortgagee for a unit owner... she called it a "loophole". Kristina, it's not a loophole, it's part of the Condo Documents that legally allowed me to become a Mortgagee.. the same documents that supposedly forbid running a business out of ones unit, even though dozens of people do the same thing around Fountain Court. There's no need for me to point out the rest of the owners who have their own businesses out of their units, but since Kristina made it a point to mention my "loophole" at the last meeting, I thought I would point out her CLEAR VIOLATION OF THE CONDO DOCUMENTS WITH HER AND HER HUSBAND RUNNING THREE OR MORE BUSINESSES OUT OF THEIR UNIT, NUMBER 62.

http://www400.sos.louisiana.gov/cgibin?rqstyp=crpdtlC&rqsdta=35470136D
(Hollywood Star Mobile DJ Service, which also has a phone listing at Unit 62... and you can regularly see the owner and an employee moving equipment back and forth from their unit to their SUV... and they even block the back ramp when doing so, which would be clearly shown on the cameras... another "loophole", I guess... when it applies to them!)
http://www400.sos.louisiana.gov/cgibin?rqstyp=crpdtlC&rqsdta=36786471K (East To West Counseling Services - with ALL addresses listed at Unit 62)
http://www400.sos.louisiana.gov/cgibin?rqstyp=crpdtlC&rqsdta=34628594K
(Kenner Karate Center - used to be down in Chalmette but since they are no longer at that address, the only other viable address and the mailing address listed at UNIT 62)
http://www400.sos.louisiana.gov/cgibin?rqstyp=crpdtlC&rqsdta=36691145D (no longer at the 9212 W. Judge Perez Dr. address so I'm not sure where this one is operating from today)
http://www400.sos.louisiana.gov/cgibin?rqstyp=crpdtlC&rqsdta=36794397D
(another one, no longer at the Chalmette address)

Now... let me make something clear, personally, I think it's perfectly OK for someone to have their own business and even to run it out of a home-office, as long as they don't have a lot of pedestrian or vehicle traffic coming in and out of the complex or their unit as a result of their
business, I really don't see a problem with that! BUT since Kristina Mores chose to verbally attack us by calling our legal Mortgagee documents a "loophole" and make other personal attacks against me at the cancelled meeting, I figured that people who live in glass houses shouldn't throw stones, so I'm just pointing this out to her that she and her husband are NOT following the Condo Documents while they try and accuse others.

Until next time, let "The Fountain Of Litigation" flow.... oops.. that should be 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.

Fountain Court condos - The quagmire and controversy is NOT just at Fountain Court - READ ON

2009-06-21T00:38:00.003-05:00

"THE FOUNTAIN OF INFORMATION"
-- Sunday, June 21, 2009 --
- SPECIAL EDITION HEADLINE -

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 or should 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 or joining the Yahoo Group Bulletin Board at http://groups.yahoo.com/group/Fountain_Court_Condos_Metairie_LA.

Thanks for your support!

HEADLINE - HOW ALCOR IS RUNNING THE PIER 8 CONDOS INTO THE GROUND... OR
WOULD THAT BE THE LAKE???

Following my signature is a series of emails and email threads showing the chaos, controversy and legal/financial quagmire that Alcor has led the Pier 8 Condos into becoming possibly MUCH worse off then even Fountain Court Condos. While Pier 8 Condos seems to have been doing things a little more "legal" than Fountain Court in the past six years, up until Alcor became
their manager last year, since Alcor took over management, they are suffering from poor management, financial and legal decisions that has their complex in an uproar.

The GOOD news about Pier 8 Condos is that AT LEAST a decent percentage of their owners actually care enough to stay involved in and try to know what is going on. Well, they try to stay involved but since their Board will not tell them anything and delegates everything to Alcor (much like the impotent board at Fountain Court) and then Alcor only gives them limited information, outright lies in many of his website postings and emails or just ignores the owners, the owners have to send out multiple emails back and forth to each other in order for folks to have a clue about what is going on with their TEN+ MILLION DOLLAR complex.

At Fountain Court, it seems the overwhelming majority of the owners are just afraid of Alcor and the Board so they live like Ostriches with their heads in the sand hoping that every thing will be OK... leaving it up to a very small minority to stand up for all of their rights.

The GOOD news is that, at Fountain Court, there is a very small minority of owners who ARE NOT afraid of Alcor and the Board and are standing up for ALL OF THE OWNERS. If only a larger percentage of Fountain Court owners would get involved like the Pier 8 Condos owners, then all of the MAJOR LEGAL ISSUES might start to get fixed a little faster and at a MUCH LOWER cost around Fountain Court. Until then, the few of us will stand up for the rest of you.

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

Here are the emails:

-----Original Message-----
From: Al Oglesby <info@pier8condos.com>
To: vtlaplace@
Sent: Mon, 1 Jun 2009 11:44 am
Subject: Exterior Renovation - Suggestion to Owners, Board and Paint
Committee

Over the past couple of weeks, I have discussed (via phone, in person or by e-mail) the current paint selections. While all appear to be very pleased with the job Base Contractors is doing, as of this date, I have received fifteen (15) notices (fax, e-mail, etc.) from different Owners expressing
their dissatisfaction with paint scheme; most have "zeroed in" on the dark brown door color. Most have also stated that they could live with the building and rail colors.

With that in mind, I began speaking with a few of those Owners over the past few working days concerning what they would think of changing the dark brown door color to the lighter railing color; without exception, their response was that they felt that could/would resolve the20issue at hand. If that is true, we would then have two colors:

Main building – SW6109 - Hopsack
Doors & rails – SW6106 - Kilim Beige

In an effort to hear from those 15 Owners that have expressed dissatisfaction with the current color scheme, (and anyone else that wishes to express their opinion on this type of change), I would like to hear if this would resolve the issue for at least the 15 Owners. If I can get some
quick feedback, I would recommend to the Board and paint committee that this change be implemented before we get any further along with the painting of the property. With that in mind, I am sending this to the 50+ Owners in our database and would appreciate everyone's earliest response (via e-mail please) in hopes of resolving the issue without further delay or potential for legal expenses to the Association and/or individuals currently opposing the color.

I await your assistance in resolving the matter for the good of the whole.

Sincerely,
Al Oglesby, CCIM, CPM®, CEA
Property Manager
Pier 8 Condominium Association

From: vtlaplace@
Sent: Thursday, June 04, 2009 11:33 AM
To: info@pier8condos.com
Subject: Re: Exterior Renovation - Suggestion to Owners, Board and Paint
Committee

Dear Mr. Oglesby,

I'm OK with painting the railings and the doors the same color. I think the lighter color on the doors is more pleasant than the dark brown.

Vera T
Unit

-----Original Message-----
From: Al Oglesby <al@alcorgroup.com>
To: vtlaplace@
Sent: Fri, 5 Jun 2009 6:53 am
Subject: RE: Exterior Renovation - Suggestion to Owners, Board and Paint Committee

Thanks for the response Verna; I only received 4- or 5 which was surprising to me. Will be providing update on the exterior renovation progress this weekend via the website and mass e-mail. Have a great weekend.

From: bimeshunter@live.com
To: al@alcorgroup.com; benusey@; bonniethomas16@; burgamy1@; burlmahl@; bpowell34@; elizabuzzy@; lake.marina@; dirosa@; ecoari@; bobbienola@; lprendergast@; thefountainofinformation@; megacasey2003@; melissasherwood@; mpcjr17@; slgappr@; bimeshunter@; rmnola@; shannonboh@; smwagers@; bashbish88@; tpuccia02@; tpeperone@; vera@; scimano1@
Subject: Where Do the Numbers Come From?
Date: Mon, 15 Jun 2009 12:00:48 -0500

More contradictions from Mr. Oglesby:

On June 1st, 2009, Mr. Oglesby writes below he had received fifteen (15) responses which were dissatisfied with the paint scheme, see below.

On June 6th, 2009, five days later, Mr. Oglesby writes below to VERNA (sic) Vera, Unit 321, that he had received only "4 - 5" complaints, see below.

On June 6/June 7th, 2009, Mr. Oglesby writes to everyone he had received only six (6) responses regarding the paint scheme.

I wish Mr. Oglesby was out here yesterday when Sheryl Wagers spear-headed a petition regarding the paint scheme. Within twenty minutes, she had over 15 signatures of unhappy Pier 8 unit owners!!!!! And that was only in twenty minutes. I hope realtors were not on the property yesterday when this petition was being discussed and passed around. How can Mr. Oglesby go from 15 unhappy unit owners on June 1st to only "4 or 5 or 6" unhappy unit owners five days later??????? I hope he keeps the accounting records in better shape than some of his communiques to the voting membership.

Ron Bimes

From: burlmahl@hotmail.com
To: bimeshunter@; al@alcorgroup.com; christinelandry1@; ecoari@; jwsullivan@; kimberly@; lex8376@; lisamarie330@; miller.guice@; burlmahl@; smwagers@; burgamy1@
Subject: BURL THANKS THE PIER 8 OWNERS FOR THIS ARROGANT BOARD?
Date: Tue, 16 Jun 2009 13:21:21 -0500

Mr. Al, Attorney Jerry, Board, Pier 8 Owners:

It should be noted that one of the Board members, Sven, observed the petition with said signatures that was articulated by Ron Bimes below. I also witnessed the huge number of signatures; all the signatures were collected in about 20 minutes. Everyone signed the petition who walked by the pool area during that 20 minutes except one person, Dan D.

Thank you Pier 8 owners for this Board.

I want to thank the Pier 8 ownership for choosing this surrepticious and deceitful Board compared to the open and transparent Board that I had. Thanks to the Pier 8 owners, not this Board that said "owners" elected, are to blame for Pier 8's current situation. The building is really ugly! Property values will reflect the poor choice in this color scheme; a color scheme that Rachel and Jerry picked out all by themselves. I was advised by an anonymous Board member this past weekend, that the Board rubber - stamped the Paint Committee's selection of the paint colors. It should be noted that Rachel, who is a Board member, is one of the 3 people on the Paint
Committee. Finally, the current paint scheme passed with a split decision out of the Paint Committee...2 to 1. Elaine was voted down. That is right...2 people decided on how to spend $200,000 of Pier 8's money, via the painting of the Pier 8 building.

Again, thank you Pier 8 owners for this Board.

I personally think openness and transparency would be the better way to go!

As of today, Ron Bimes and "Shotgun" Bassett were the main culprits in the diminished property values of Pier 8 over the past 2 - 3 years. Now and in the future, the Board has empowered Ron Bimes to be able to give the Pier 8 owners an excuse for Pier 8's poor property values and negate his own culpability, i.e. the paint selection.

Again, thank you Pier 8 owners for this Board.

With the combination of the poor paint selection coupled with Pier 8's troublemakers, specifically, Ron Bimes and Shotgun Bassett, Pier 8 does not have a fighting chance at saving our property values. Pier 8 is officially lost and for many years to come!!!

Again, to the Pier 8 owners, thanks!

I hope secrecy and lies is what the Pier 8 owners were looking for because you all certainly received what you voted for!!!

Stop complaining! You merely received what you voted for!!!

Ron, please email the Pier 8 owners this email.

Burl

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Tuesday, June 16, 2009 2:41 PM
To: Burl M; al@alcorgroup.com; christinelandry1@; ecoari@; jwsullivan@; Dalton Wagner-Truax's; lex8376@; lisamarie330@; miller.guice@; smwagers@; burgamy1@; benusey@; bonniethomas16@; Butler P; Buzzy; Cami G; dirosa@; Glen F; Larry ; Lenny Vasbinder; megacasey2003@; Melissa S; Mike C; Miller G; bimeshunter@; rachel; Ryan & Shannon; Susan W; Sven; Tony; tpeperone@; Verra T; Vinnie G
Subject: RE: BURL THANKS THE PIER 8 OWNERS FOR THIS ARROGANT BOARD?

Burl:

Re: Your e-mail below

I DID NOT VOTE FOR ONE MEMBER OF THE CURRENT BOARD OF DIRECTORS. SO WHY ARE YOU BLAMING ME?

The voting membership voted on April 7, 2009 to have Attorney Jerry Sullivan to sue me and place a restraining order on myself because I was allegedly causing the sale prices to plummet--I am expecting enormous legal fees from this guy as he stated at that meeting on April 7, 2009:

"The paperwork is in place".

AGAIN, I DID NOT VOTE FOR ANY OF THE CURRENT BOARD MEMBERS, SO QUIT BLAMING ME FOR THE UGLY PAINT JOB. I AM SELLING MY UNIT FAST.

RON BIMES, UNIT 121

-----Original Message-----
From: rachel m
Sent: Tuesday, June 16, 2009 5:03 PM
To: 'Ronald Bimes'; benusey@; bonniethomas16@; burgamy1@; 'Butler Powell'; 'Buzzy'; 'Cami G'; dirosa@; ecoari@; 'Glen F'; gspano@; 'Larry; 'Lenny Vasbinder'; megacasey2003@; 'Melissa S'; 'Mike C'; 'Ryan & Shannon'; smwagers@; 'Susan W'; 'Sven'; 'Tony'; tpeperone@; 'Vinnie G'; 'Verra T'; F. Miller Guice Jr. MAI
Subject: RE: The Paint Committee Speaks Out, at Least One Member Does

Miller,

I don't ever remember talking to you about the paint colors. How do you know what I think? Oh, I see by your reply that you are responding to a very reliable source of information, Mr.Bimes. Wait, I dont talk to Mr. Bimes either. Well, we are already at third party information. That could explain why you have no idea what you are talking about. I supported a change to the door color and allowing unit owners to have a vote on it, there are 5 people on the board, a majority of the board voted not to do that. That is the way it works, sorry,contrary to what you seem to believe there is not one person making decisions. Next time you plan to publicly distribute something as
fact, the smart thing to do would be to check your facts AND sources.

Rachel Mathieu

--- On Sat, 6/13/09, F. Miller Guice Jr. MAI <slgappr@bellsouth.net> wrote:

From: F. Miller Guice Jr. MAI

Subject: RE: The Paint Committee Speaks Out, at Least One Member Does
To: "'Ronald Bimes', benusey@, bonniethomas16@, burgamy1@, "'Burl Mahl'"; "'Butler P, "'Buzzy'" ;elizabuzzy@;, "'Cami G'" ;lake.marina@;, dirosa@, ecoari@, "'Glen Forman';, gspano@ "'Larry; " lprendergast@, "'Lenny Vasbinder'" thefountainofinformation@gmail.com , megacasey2003@, "'Melissa S";melissasherwood@, "'Mike C'" mpcjr17@;, "'rachel'" rmnola@;, "'Ryan & ; Shannon'" shannonboh@;, smwagers@, "'Susan W'" ;bashbish88@;, "'Sven'" ;soonola@;, "'Tony'"; , tpeperone@, "'Vinnie G" , "'Verra T'" ;vera@;
Date: Saturday, June 13, 2009, 5:02 PM

Ron,

As our property manager is proud to say ," I feel your pain". It's like this we have been lied to and mislead to by our Board Members and Manager. Remember Board Member Mathieu is still blaming the color selection on the previous Board and its Member.

I have yet found a previous Board Member acknowledging they were responsible for this color selection. If it is so bad why could the new Board recommend a color change? I love the fact that Board Member Mathieu keeps running her mouth saying there would be additional input from the Association. Another delaying and lying tactic by design. Our manager has stated only six people objected to the color selection when we know there were many more and many that were afraid to be involved. Who is telling the truth here.

Ron you preach for equality and I support your request. Please treat the current Board as the past Board was treated when I was Association President. We never mislead the Association as to our financial condition and what was going on. Our meetings were open and management transparent.

Can you say that now. The one most verbal Ms. Mathieu who wanted absolute disclosure lives by a silent double standard. Have the same cowards vandalize Board Member's car's and harass employers. Maybe a little physical intimidate against Real Estate Agents, Board Members and Managers needs to be employed as it was against me. Have Mr. Bassett who reported
everyone to the Secretary of State start again. Maybe the innocent poor Mr. Bassett can call INS for the non-speaking workers that are on our property. Call the Louisiana Real Estate Commission and report agents for trying to do their jobs. Please call the City Attorney Office as you did in my case.

Just give everyone equal treatment. Lets make it so uncomfortable for the current Board Members they want to stay inside. This is equality for the Board Members at Pier 8.

To quote Board President Mahl, "elections have consequences". Many Associations members signed petitions, wanted change and eventually got their representatives in place. Now this is what we have. Let's wait for the next Association Meeting when we have to vote for an additional assessment because this Board over spent on this project. Since our property looks like low income housing I recommend we rename Pier 8 to' "The New Section 8"!

QUIT whining you support the change!

Miller G
Former President Pier 8 Condominium Association

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@
Sent: Wednesday, June 17, 2009 11:11 AM
To: rachel; benusey@; bonniethomas16@; burgamy1@; Butler P; Buzzy; Cami G;
dirosa@; ecoari@; Glen F; gspano@; Larry; Lenny Vasbinder; megacasey2003@;
Melissa S; Mike C; Ryan & Shannon; smwagers@; Susan W; Sven; Tony;
tpeperone@; Vinnie G; Verra T; Miller G; Burl M; bimeshunter@;
al@alcorgroup.com; jwsullivan@lgsdalaw.com
Subject: Letter to Rachel & Attorney Sullivan

Rachel and Attorney Sullivan:

I have been accused of making property values plummet here at Pier 8 too many times. I am sick of it. Attorney Jerry Sullivan wrote me over one year ago accusing me of this tactic, but he refused to identify the realtors. Yet he has the paperwork all finished to file suit against me,
per his comments at the April 7, 2009 meeting. I am sick of being told that I am the reason for all the trouble here at Pier 8. Miller Guice, Rhonda Whitney, and some "anonymous" person at that meeting instigated a phony vote to sue me. But they refuse to tell me any details.

Please remember Rachel, I do not go around calling you a "lying bitch" like others do. You and Tony Puccia spearheaded the Petition a year ago to remove that Board--I only signed it. You defiantly violated the dog rule for over six months after you moved in--and you basically told Mr. Oglesby and Attorney Sullivan that the rule did not apply to you.

I did not vote for you or any other Board member to the Board of Directors. How Burl Mahl and Miller Guice can blame me for the ugly paint color scheme is ridiculous. I am selling my apartment FAST. I just reduced it $6,000 from $135,000 to $129,000.

Again, Attorney Sullivan wrote me, Bob Bassett, and Vinnie over one year ago accusing us of interfering with realtors. We all three responded to Attorney Sullivan requesting details, but no response from him. Both my realtor, Barbara Recile of Latter-Blum and I are requesting names,
locations, dates, and specific statements I have made which has caused Attorney Sullivan to prepare a suit against me. Also, I am expecting fines, per the rules & regulations.

Attorney Sullivan, I am awaiting your response to my letter to you one year ago and to this letter.

Sincerely,

Ron Bimes

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@
Sent: Wednesday, June 17, 2009 5:02 PM
To: rachel; benusey@; bonniethomas16@; burgamy1@; Butler P; Buzzy; Cami G;
dirosa@; ecoari@; Glen F; gspano@; Larry; Lenny Vasbinder; megacasey2003@;
Melissa S; Mike C; Ryan & Shannon; smwagers@; Susan W; Sven; Tony;
tpeperone@; Vinnie G; Verra T; Miller G; Burl M; al@alcorgroup.com;
jwsullivan@; bimeshunter@; brecile@latterblum; tburke@latterblum
Subject: Letter to the President of Latter-Blum Realtors

June 17, 2009

Mr. Robert Merrick, President
Latter-Blum Realtors
New Orleans, La.

I listed my condo almost one year ago with Barbara Recile of Latter-Blum. I have been pleased with her services.

I have been accused by numerous Pier 8 unit owners, property manager, for causing real estate values to plummet here at Pier 8. Pier 8's Attorney Jerry Sullivan wrote a letter to myself and two other unit owners over one year ago informing us that we were interfering with Sales at Pier 8 Condominiums. He sent this letter to all 77 unit owners here at Pier 8, defaming all of us. His letter stated if we had any questions, please feel free to contact him. He refused to answer our questions. I call his non-response "unethical".

On April 7, 2009, one year later, this issue also came up at a Special Owners' Meeting where it was stated that I was interfering with realtors and the sales at Pier 8. Former President Miller Guice (who has been trying to sell his unit here for over five (5) years) made a presentation and asked the membership to vote for a restraining order against me, which they did. Again, I asked for details, but the Property Manager, the Board of Directors, and their attorney have all refused. The restraining order has not been delivered to me as of today.

Former Pier 8 President Burl Mahl has told everyone here at Pier 8 that I have destroyed property values at Pier 8 for years to come. Rachel Mathieu, the current Treasurer of Pier 8 who spearheaded a petition one year to have that Board removed, also accuses me. Why don't these people have the decency to identify my accusers, apparently real estate agents? Attorney
Jerry Sullivan is preparing to file suit against me for doing nothing. I am sure this will be a big factor when we come to closing.

I AM SICK OF ALL THE LIES AND ACCUSATIONS. BARBARA RECILE KNOWS ABOUT ALL
THE PROBLEMS HERE AT PIER 8. I REDUCED MY CONDO FROM $135,000 TO $129,000
THIS PAST WEEKEND. TODAY, I AM REDUCING MY CONDO ANOTHER $2,500 TO
$127,500. I WANT TO GET THE HELL OUT OF THIS PLACE.

I am also requesting a lock-box be placed on my front door immediately, against Barbara Recile's wishes. I don't want any interaction with any real estate agents, because they might phone the property manager, the lawyer, or Miller Guice or Burl.

Sincerely,

Ron Bimes

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@
Sent: Friday, June 19, 2009 11:09 AM
To: al@alcorgroup.com; benusey@; bonniethomas16@; brecile@latterblum;
burgamy1@; Burl M; Butler P; Buzzy; Cami G; dirosa@; ecoari@; Glen F;
gspano@; Larry; Lenny Vasbinder; megacasey2003@; Melissa S; Mike C; Miller
G; rachel; bimeshunter@live.com; Ryan & Shannon; smwagers@; Susan W; Sven;
Tony; tpeperone@; Verra T; Vinnie G
Subject: "Hostilities" toward Base Contractors' Employees

Mr. Oglesby:

Yesterday, you wrote to all Unit Owners at Pier 8 on the Bullentin Board of the http://www.pier8condos.com/ website that the painting contractors will not be "subjecting their workers to further hostilities at Pier 8 by a few owners."

I AM DEMANDING YOU IDENTIFY THOSE FEW OWNERS BECAUSE YOU ARE LEADING
EVERYONE TO BELIEVE THAT I AM INVOLVED. Last week you wrote me that I was
interfering with the contractors---WHO?

Attorney Sullivan mailed all 77 unit owners copies of his certified letters to Bob Bassett, Vinnie, and myself that we were interfering with Realtors. We all requested specific details, names, dates, locations, etc., but Attorney Sullivan refused. And now this guy has all the paper work
completed to file suit against me because Miller Guice, Rhonda Whitney, and their famous "anonymous" person at the April 7, 2009 proclaimed that I have made property values plummet and interfering with Realtors. They brain-washed the Association to vote for a restraining order against me. THIS IS HARRASSMENT AND DEFAMATION. I AM AFRAID OF MILLER GUICE AND ATTORNEY SULLIVAN .

RON BIMES

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@
Sent: Friday, June 19, 2009 1:14 PM
To: al@alcorgroup.com; benusey@; bonniethomas16@; brecile@latterblum;
burgamy1@; burlmahl@; bpowell34@; elizabuzzy@; lake.marina@; dirosa@;
ecoari@; bobbienola@; gspano@; lprendergast@; megacasey2003@;
melissasherwood@; mpcjr17@; slgappr@; bimeshunter@; rmnola@; shannonboh@;
ssackler@; smwagers@; bashbish88@; soonola@; tpuccia02@; tpeperone@; vera@;
scimano1@
Subject: MORE NEWS FROM FOUNTAIN COURT CONDOMINIUMS, ANOTHER PROJECT MANAGED BY ALCOR GROUP
Date: Fri, 19 Jun 2009 13:10:33 -0500

Mr. Oglesby:

I talked with Chuck, Base Contractors' supervising foreman, today for about 30 seconds, asking him if I had been "hostile" or rude to his employees, per Oglesby's web-site letter yesterday that a few unit owners had been hostile to the painting crew. He told me in those 30 seconds that he did not know what I was talking about!!!!!!!!!

If the supervising Foreman doesn't know about these alleged "hostilities" then how do you know about them, Mr. Oglesby?

Mr. Oglesby, please identify those unit owners which were hostile to the painting crew, like you and Attorney Sullivan identified myself to all 77 unit owners and also at the April 7, 2009 Special Owners' Meeting.

Latter-Blum Realtors have told me repeatedly they have had no problems with my listing, since I first listed with them last July, 2008. Nobody has contacted them regarding the falsified and defaming letters sent by Attorney Sullivan and the procedures at that April 7, 2009 meeting. I have kept your e-mail you sent me numerous months ago refusing to meet with Barbara Recile,
my realtor, and myself to discuss this situation.

ATTORNEY SULLIVAN, I AM AGAIN REQUESTING A RESPONSE TO THE LETTER YOU SENT ME AND 77 UNIT OWNERS LAST YEAR, AND MY REQUEST FOR DETAILS DISCUSSED AT THE APRIL 7, 2009 MEETING. Mr. Oglesby, please send him again my simple request for specific details.

I am afraid of you, Mr. Oglesby, Attorney Sullivan, and former President Miller Guice.

Sincerely,

Ron Bimes

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Friday, June 19, 2009 4:36 PM
To: Burl M; miller.guice@; al@alcorgroup.com; christinelandry1@; ecoari@;
jwsullivan@; Dalton Wagner-Truax's; lex8376@; lisamarie330@; smwagers@;
burgamy1@; benusey@; bonniethomas16@; brecile@latterblum; Butler P; Buzzy;
Cami G; dirosa@; Glen F; gspano@; Larry; Lenny Vasbinder; megacasey2003@;
Melissa S; Mike C; Miller G; bimeshunter@; rachel; Ryan & Shannon; Susan W;
Sven; Tony; tpeperone@; Verra T; Vinnie G; jfaucheu@
Subject: Burl's Take on The Mess at Pier 8

Burl, per your e-mail to President Jason Faucheux below, are you that stupid not to send the beloved President your e-mail? His e-mail address is: jfaucheu@

Ron

________________________________

From: burlmahl@hotmail.com
To: miller.guice@; al@alcorgroup.com; christinelandry1@; ecoari@ wsullivan@; kimberly@wagnertruax; lex8376@; lisamarie330@; burlmahl@; smwagers@; burgamy1@; bimeshunter@
Subject: RE: Pier 8
Date: Fri, 19 Jun 2009 16:18:12 -0500

Jason:

You are incompetent, a hypocrite and a liar...no offense, but I must speak the truth. You must think you are God; you are not, period. I do not need to be given any more speeches by you with regard to ethics and professionalism. You have neither.

How do you think you can spend $200,000 at your pleasure and to decide the paint colors without everyone's approval and not be questioned as to your actions? You must be hugely arrogant not to think people are not going to think of you as an asshole!

The next time I am at or near the pool, you can answer some of my questions!!!

Ron, email this to everyone.

Burl

________________________________

From: Miller.Guice@
To: christinelandry1@; jfaucheu@
CC: al@alcorgroup.com; lex8376@; burlmahl@
Date: Fri, 19 Jun 2009 17:03:14 -0400
Subject: RE: Pier 8

Mr. Faucheux,

We elected you to be our representative and Mr. Oglesby to manage the property. It does not take a rocket scientist, a doctor or a ditch digger to determine there is a major communication problem at Pier 8. All I have read and have heard is confusion. The scary thing is I can not determine if this is by design or by accident but no one is accountable for what is going on.

The protocol that was put in place when I was president for painting the building has been ignored by the current Board and Management. If protocol would have been followed I am sure we would not have this problem because everyone would have had an opportunity to voice their opinion.

As former President of the Association the current Board Members are blaming former Boards for this current situation. I have been repeatedly misquoted and blamed for what is going on including this awful color scheme. The color scheme in my opinion is inappropriate. The questions asked of you by Ms. Landry are questions you should be able to ask. This is not harassment.

Do the job you volunteered for or step down.

Miller G

From: Christine Landry [mailto:christinelandry1@
Sent: Friday, June 19, 2009 2:19 PM
To: Jason Anthony Faucheux
Cc: Al Oglesby; Guice, Miller
Subject: RE: Pier 8

Jason,

I have asked for a meeting for over 30 days. NO ONE has gotten back to me. Should I assume that we are not having a meeting? Communication is the professional way to do things. Not avoidance.

For your information, the board can speak to homeowners. The majority of you hide and did not communicate. You leave everything up to Al. Al has other condo's and he is the person to implement projects NOT control Pier 8. It is up to the board of have an agenda, not Al.

I am asking you for the following:

1) What color are the walk ways?

2) What color is the fence?

3) Are the doors going to be painted brown?

4) How much money do we have left?

You should not have been elected President if you were not willing to work. You probably know very little about the by laws. Jason, we need leadership and no one on the board seems to know how to lead.

Christine

--- On Fri, 6/19/09, Jason Anthony Faucheux; jfaucheu@; wrote:

From: Jason Anthony Faucheux; jfaucheu@
Subject: RE: Pier 8
To: "Christine Landry" <christinelandry1@
Cc: "Al Oglesby" <al@alcorgroup.com
Date: Friday, June 19, 2009, 1:43 PM

If any unit owner has a concern, they all should know to contact Al and then he sends the board an e-mail to be discussed amongst the board members to come to a general consensus on any issue or topic and get back to Al to get back to the rest of the association. That is the professional
manner to handle all situations.

Thanks,
Jason
________________________________________
From: Christine Landry [christinelandry1@
Sent: Friday, June 19, 2009 8:10 AM
To: al@alcorgroup.com
Cc: Jason Anthony Faucheux; Miller Guise
Subject: RE: Pier 8

Al.,

Because the board allows you to speak for them, we have a mess. I have asked Jason for a meeting but to no avail and no response. The perception is that you are running the show. Not one of the board members has responded to me. When you talk to some homeowners they are clueless. Sheryl is doing a good job but it is the board's responsibility to keep people informed.

The board is very unprofessional. When you ask Siven a question he says he needs a crystal ball. I heard him say this. Who do we go to? I urge the board to call a meeting to bring us up to speed on the paint job, walk ways, fence, etc. This is our right to know.

Christine

--- On Thu, 6/18/09, Al Oglesby <al@alcorgroup.com wrote:

From: Al Oglesby; al@alcorgroup.com
Subject: RE: Pier 8
To: "'Christine Landry'" christinelandry1@
Date: Thursday, June 18, 2009, 5:37 PM

Why do people insist on reading one e-mail at a time with no regard to previous e-mails. Sheryl Wagers was in my office yesterday; while here, I turned to my computer and printed out (and gave her) the list of opposing people that I have been tracking from the beginning as their positions were made know to me. The list has about 22 people not the 5-6 (you know the 15
that I stated in an initial e-mail PLUS the 5-6 or more that responded to a subsequent e-mail) that I clearly stated responded to yet another one of my e-mails (attempting to help your group) to Owners asking them to respond.

No one has ignored this, but I understand there is no convincing you or 5 or 6 other Owners of that. We will continue to do our best to resolve the issue to the majority's liking; that's all we can do. By the way, do you ever remember ALCOR management calling a Board meeting? Of course not. Ask yourself, who determined when a Board meeting was going to be held when you were on the Board Christine? Why do you continue to act/think that this aspect of Association business has changed now? As always, Management makes recommendation to Boards, Boards then decide what will happen. Contrary to popular belief, this Board (and Manager) continues to try and figure out what it will take (within reason) to resolve this matter. They are waiting
on additional input now from the group that is opposed to the brown door color; I suggest you check with Sheryl. Surely you are not expecting me deal with 32 different people on the same subject and no as a manager I can't call a meeting, we've covered that above. Honestly, I can't see were even a meeting would solve this problem at this point. Someone has to be the spokes
person for that group. At this point I presume that is Sheryl. If that is incorrect, I strongly suggest the group appoint someone who can speak for the group in an effort to resolve it quickly.

Sincerely,
Al Oglesby
Al Oglesby, CCIM, CPM®, CEA
Property Manager
Pier 8 Condominium Association
e-mail: Al@alcorgroup.com
Office: 504.887.2800
Toll Free: 800.727.1468
Cell: 504.416.3555
Fax: 504.889.1300
The ALCOR Group, L.L.C.
4430 S. I-10 Service Rd., W.
Metairie, LA 70001-1211

From: Christine Landry ]
Sent: Thursday, June 18, 2009 12:42 PM
To: Al Oglesby; Jerry Sullivan; jerrysullivan@; Miller Guise; Tony Puccia; jason faucheux
Subject: Pier 8

Al,

With regard to the brown doors and your statement that only 5 people have objected to the color, that is wrong. Tony has a list of at least 32 signatures objecting to the color. Because you have decided that email is the best way to communicate with homeowners, you are leaving out many members who do not use email. When you post something on the web, you should send out letters as well. That is only fair.

I asked for a meeting several times but you and the board have ignored the wishes of many homeowners. If we would met, this could have been avoided The building is awful and we are out of money. Please listen to the homeowners.

Christine

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Friday, June 19, 2009 4:58 PM
To: miller.guice@; Burl M; al@alcorgroup.com; christinelandry1@; ecoari@; jwsullivan@; Dalton Wagner-Truax's; lex8376@; lisamarie330@; smwagers@; burgamy1@; benusey@; bonniethomas16@; Buzzy; Butler P; Cami G; dirosa@; Glen F; gspano@; Lenny Vasbinder; lprendergast@; megacasey2003@; Melissa S; Mike C; Miller G; bimeshunter@; rachel; Ryan & Shannon; Susan W; Sven; Tony; tpeperone@; Verra T; Vinnie G
Subject: Miller Guice's Take on the Mess

I just reduced my condo $7,500.00 because of the unprofessional, animalistic, behavior of this current board. Jason keeps telling people to contact Mr. Oglesby.

I understand Jason, who has lived here less than one year and who violated condo rules by nailing plywood to his windows last year during Hurricane Gustav, is a college student. Like Christine, I wonder if he has read and digested the By-laws, rules, and regulations.

Ron Bimes

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@
Sent: Saturday, June 20, 2009 12:36 PM
To: benusey@; bonniethomas16@; brecile@latterblum; burgamy1@; Burl M; Butler P; Buzzy; Cami G; dirosa@; ecoari@; Glen F; gspano@; Larry; Lenny Vasbinder; megacasey2003@; Melissa S; Mike C; Miller G; bimeshunter@; rachel; Ryan & Shannon; sdwyer@; smwagers@; Susan W; Sven; Tony; tpeperone@; Verra T; Vinnie G; al@alcorgroup.com; jfaucheu@; lisamarie330@
Subject: WARNING: REALTORS BEWARE

Everyone:

Mr. Oglesby posted a NOTICE all around the complex late yesterday which states:

"As a further result of that petition, we have agreed with the contractor that we should not subject their workers to any further HARRASSMENT by a few Pier 8 owners or risk any further vandalism in and around the property similar to the WITNESSED vandalism over the past couple of weeks...."

This notice gives a BAD sign to prospective buyers and the realtors who showing Pier 8 properties. I made a copy of this notice and put it back for more damage control to Pier 8's real estate values.

I am sick and tired of Mr. Oglesby's notices. WHO IS HARASSING THE BASE CONTRACTORS EMPLOYEES AND WHO IS VANDALIZING THE PROPERTY WHICH WAS WITNESSED?

I did nothing wrong, but the Association voted for a restraining order for me and my name is mud. Why doesn't the Association's Attorney file criminal charges for this "witnessed" vandalism and harassment?

I am sick of this place.

Ron Bimes

________________________________

From: slgappr@bellsouth.net
To: bimeshunter@; benusey@; bonniethomas16@; brecile@latterblum; burgamy1@;
burlmahl@; bpowell34@; elizabuzzy@; lake.marina@; dirosa@; ecoari@; bobbienola@; gspano@; lprendergast@; megacasey2003@; melissasherwood@; mpcjr17@; bimeshunter@; rmnola@; shannonboh@; ssackler@; smwagers@; bashbish88@; soonola@; tpuccia02@; tpeperone@; vera@; scimano1@
Subject: Re: MORE NEWS FROM FOUNTAIN COURT CONDOMINIUMS, ANOTHER PROJECT MANAGED BY ALCOR GROUP
Date: Fri, 19 Jun 2009 21:29:26 +0000

Ron,

You are lucky you spoke to someone. All the workers on site appear to speak spanish!

Fountain Court Condos - "The Fountain Of Information" - SPECIAL EDITION - ALCOR SENDS LETTER TO ALL OWNERS

2009-06-19T11:19:00.003-05:00

"THE FOUNTAIN OF INFORMATION"
--- 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

Fountain Court Condos - "The Fountain Of Information" - Thursday, June 18, 2009

2009-06-18T04:45:00.002-05:00

"THE FOUNTAIN OF INFORMATION"
-- 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!

----------

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

----------

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.

----------

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.

----------

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.

----------

HEADLINE - MORE Reasons WHY The Condo Documents REQUIRE Annual Financial Audits (THAT HAVE NOT BEEN DONE AT FOUNTAIN COURT IN OVER TEN YEARS!!!)

http://www.newschief.com/article/20090604/NEWS/906045031/1021/NEWS01?Title=Former-Coventry-Cove-treasurer-faces-embezzlement-charges

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.

-----------

http://www.starexponent.com/cse/news/local/crime/article/hoa_embezzler_gets_66_years_for_shooting_spree/36599/

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.

----------

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

FW: Where Do the Numbers Come From?

2009-06-15T12:56:00.002-05:00

The below email thread was forwarded to me from some of the concerned owners at Pier 8 Condos in New Orleans, also managed by Alcor and having the same money, legal and "misinformation a/k/a LYING" problems that Fountain Court is having with Alcor and Al Oglesby. I have edited out the email address suffixes in all of the "To:" sections below.

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@...]
Sent: Monday, June 15, 2009 12:01 PM
To: al@alcorgroup; benusey@; bonniethomas16@; burgamy1@; Burl Mahl; Butler Powell; Buzzy; Cami Gharakhani; dirosa@; ecoari@; Glen Forman; Larry Unit 318; megacasey2003@; Melissa Sherwood Unit 319; Mike Casey; Miller Guice; bimeshunter@live.com; rachel; Ryan & Shannon; smwagers@; Susan Wilson; Tony; tpeperone@; Verra Torres; Vinnie Gharakhani

Subject: Where Do the Numbers Come From?

More contradictions from Mr. Oglesby:

- On June 1st, 2009, Mr. Oglesby writes below he had received fifteen (15) responses which were dissatisfied with the paint scheme, see below.

- On June 6th, 2009, five days later, Mr. Oglesby writes below to VERNA (sic) Vera, Unit 321, that he had received only "4 - 5" complaints, see below.

- On June 6/June 7th, 2009, Mr. Oglesby writes to everyone he had received only six (6) responses regarding the paint scheme.

I wish Mr. Oglesby was out here yesterday when Sheryl Wagers spear-headed a petition regarding the paint scheme. Within twenty minutes, she had over 15 signatures of unhappy Pier 8 unit owners!!!!! And that was only in twenty minutes. I hope realtors were not on the property yesterday when this petition was being discussed and passed around. How can Mr. Oglesby go from 15 unhappy unit owners on June 1st to only "4 or 5 or 6" unhappy unit owners five days later??????? I hope he keeps the accounting records in better shape than some of his communiques to the voting membership.

Ron Bimes

________________________________

-----Original Message-----

From: Al Oglesby <al@alcorgroup.com;
To: vtlaplace@
Sent: Fri, 5 Jun 2009 6:53 am

Subject: RE: Exterior Renovation - Suggestion to Owners, Board and Paint Committee

Sincerely,

Al Oglesby
Al Oglesby, CCIM, CPMR, CEA
Property Manager
Pier 8 Condominium Association
e-mail: Al@alcorgroup.com
Office: 504.887.2800
Toll Free: 800.727.1468
Cell: 504.416.3555
Fax: 504.889.1300
The ALCOR Group, L.L.C.
4430 S. I-10 Service Rd., W.
Metairie, LA 70001-1211

From: vtlaplace@
Sent: Thursday, June 04, 2009 11:33 AM
To: info@pier8condos.com
Subject: Re: Exterior Renovation - Suggestion to Owners, Board and Paint Committee

Dear Mr. Oglesby,

I'm OK with paintingthe railings and the doors the same color. I think the lighter color on the doors is more pleasant than the dark brown.

Vera Torres
Unit 321

-----Original Message-----
From: Al Oglesby <info@pier8condos.com>
To: vtlaplace@
Sent: Mon, 1 Jun 2009 11:44 am

Subject: Exterior Renovation - Suggestion to Owners, Board and Paint Committee

Over the past couple of weeks, I have discussed (via phone, in person or by e-mail) the current paint selections. While all appear to be very pleased with the job Base Contractors is doing, as of this date, I have received fifteen (15) notices (fax, e-mail, etc.) from different Owners expressing
their dissatisfaction with paint scheme; most have "zeroed in" on the dark brown door color. Most have also stated that they could live with the building and rail colors.

With that in mind, I began speaking with a few of those Owners over the past few working days concerning what they would think of changing the dark brown door color to the lighter railing color; without exception, their response was that they felt that could/would resolve the issue at hand. If that is true, we would then have two colors:

Main building - SW6109 - Hopsack
Doors & rails - SW6106 - Kilim Beige

In an effort to hear from those 15 Owners that have expressed dissatisfaction with the current color scheme, (and anyone else that wishes to express their opinion on this type of change), I would like to hear if this would resolve the issue for at least the 15 Owners. If I can get some
quick feedback, I would recommend to the Board and paint committee that this change be implemented before we get any further along with the painting of the property. With that in
mind, I am sending this to the 50+ Owners in our database and would appreciate everyone's earliest response (via e-mail please) in hopes of resolving the issue without further delay or potential for legal expenses to the Association and/or individuals currently opposing the color.

I await your assistance in resolving the matter for the good of the whole.

Sincerely,
Al Oglesby, CCIM, CPMR, CEA
Property Manager
Pier 8 Condominium Association

Pier 8 Condos - RE: The Paint Committee Speaks Out, at Least One Member Does

2009-06-13T16:22:00.003-05:00

Ron,

You may want to direct all of your co-owners to "The Top 10 Things Your HOA Won't Tell You", first published in 1994 by a reporter for the Wall Street Journal in Smart Money BUT even more applicable today.

You can find the entire article here:
http://groups.yahoo.com/group/Fountain_Court_Condos_Metairie_LA/message/4

Nearly all 10 things are applicable to Pier 8, Fountain Court and probably any other HOA that Alcor is involved in.

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.thefountainofinformation.blogspot.com/
Cell-504-621-1870 eFax-413-318-0742

-----Original Message-----
From: Ronald Bimes [mailto:bimeshunter@live.com]
Sent: Saturday, June 13, 2009 3:46 PM

Subject: The Paint Committee Speaks Out, at Least One Member Does

Elaine:

Re: Your e-mail below

You live at Pier 8, if you don't know it. I have dropped the price of my condo from $135,000 to $129,900 yesterday, and I am willing to pay $2,000 closing costs to the buyer. I cannot imagine living here at Pier 8 for another three years with this Board and management company. They have little or no respect for the gooddoddamm By-Laws, and the enforcement of rules and regulations in a fair and unprejudiced manner, and a protocol of addressing issues/problems in a civil mannter. If another hurricane hit this complex, I cannot imagine what a mess that would ensue.

Ron Bimes, Unit 121

________________________________

From: Ecoari@aol.com
Date: Sat, 13 Jun 2009 15:35:17 -0400
Subject: Fwd: Exterior renovation updates
To: bimeshunter@live.com

Ron, I sent this to Al in plenty of time to get letters out to all homeoewners and receive their vote. HIs reply was very brief. He merely said that he would pass my letter to the Board, and the painting will go on as scheduled. There was no response from the Board, not even an
acknowledgement. I am not interested in a lawsuit. but my offer to volunteer my time to send letters if still good.

Elaine

________________________________

From: Ecoari
To: a@alcorgroup.com, info@pier8condos.com
Sent: 6/8/2009 5:41:58 P.M. Central Daylight Time
Subj: Exterior renovation updates

Hello Al,

In regard to your memo of June,7,2009 regarding the color scheme for the renovation of Pier 8, I would like to make a suggestion to get a fair representation in the selection of a color scheme for our condo. There are aproximately 74 unit owners, and I know you have tried to reach everyone via email, and only received a minimal response.

Since all homeowners have paid a special assessment for the renovation, and care about their investment,it is only fair to get their thoughts, and if they desire, their input. I realize that you have tried to contact everyone via email, and many of the home owners have not responded,
although many have responded verbally.

I would be glad to volunteer my time and go to you office to mail everyone a letter designating the colors chosen by the paint committee for the building, the doors, and the railings. Enclose an addressed stamped envelope to your office with a simple request. Since the doors and railings
are in question. The enclosed letter will be simply in giving a color choice for the door, either brown or Beige and the color for the railings being Beige or Sage Green, (as selected by the paint committee.)

Hopefully this will make everyone HAPPY.

Elaine Coari ( "Easy E")

TFOI Received the following email from another owner at Pier 8 Condos after posting the above email thread:

Ron,

As our property manager is proud to say ," I feel your pain". It’s like this we have been lied to and mislead to by our Board Members and Manager. Remember Board Member Mathieu is still blaming the color selection on the previous Board and its Member. I have yet found a previous Board Member acknowledging they were responsible for this color selection. If it is so bad why could the new Board recommend a color change? I love the fact that Board Member Mathieu keeps running her mouth saying there would be additional input from the Association. Another delaying and lying tactic by design. Our manager has stated only six people objected to the color selection when we know there were many more and many that were afraid to be involved. Who is telling the truth here.

Ron you preach for equality and I support your request. Please treat the current Board as the past Board was treated when I was Association President. We never mislead the Association as to our financial condition and what was going on. Our meetings were open and management transparent. Can you say that now. The one most verbal Ms. Mathieu who wanted absolute disclosure lives by a silent double standard. Have the same cowards vandalize Board Member’s car’s and harass employers. Maybe a little physical intimidate against Real Estate Agents, Board Members and Managers needs to be employed as it was against me. Have Mr. Bassett who reported everyone to the Secretary of State start again. Maybe the innocent poor Mr. Bassett can call INS for the non-speaking workers that are on our property. Call the Louisiana Real Estate Commission and report agents for trying to do their jobs. Please call the City Attorney Office as you did in my case. Just give everyone equal treatment. Lets make it so uncomfortable for the current Board Members they want to stay inside. This is equality for the Board Members at Pier 8.

To quote Board President Mahl, "elections have consequences". Many Associations members signed petitions, wanted change and eventually got their representatives in place. Now this is what we have. Let’s wait for the next Association Meeting when we have to vote for an additional assessment because this Board over spent on this project. Since our property looks like low income housing I recommend we rename Pier 8 to’ "The New Section 8"!

QUIT whining you support the change!

Miller Guice Unit 319
Former President Pier 8 Condominium Association

Fountain Court Condos - The Fountain Of Information - Friday, June 12, 2009

2009-06-12T01:08:00.001-05:00

"THE FOUNTAIN OF INFORMATION"
-- Friday, June 12, 2009 --

(PLEASE PRINT OUT SEVERAL COPIES OF THIS NEWSLETTER AND GIVE A COPY TO YOUR NEIGHBORS WHO MAY NOT HAVE EMAIL OR BE ONLINE TO READ
http://TheFountainOfInformation.blogspot.com. Thanks)

HEADLINES -
- Recent Sales Of Condos At Fountain Court Condos (for VERY LOW prices)
- Recent Articles Found On The Web About Other ILLEGAL Boards (and the cost to the owners)
- Another "Did You Know?" Column (about HOA Homeowner's Bill Of Rights)

----------

RECENT SALES OF CONDOS AT FCC (FOR VERY LOW PRICES)

Sale published in the Times-Picayune/NOLA.com on Saturday, May 16, 2009, E. JEFFERSON, Transfers filed April 24-30, 2009.

http://www.nola.com/home_and_garden/t-p/transfers/index.ssf?/base/living-1/1
242451458271520.xml&coll=1&thispage=8

Veterans Blvd. 6901, Unit 2. David W. Dugas to Sidney J. Dugas Jr., Brenda L. Dugas and Robert P. Dugas, $13,800.

TFOI Editorial Comment - Unit 2 is a 1 Bedroom downstairs unit with the rear French doors facing Veterans Blvd. The last names of the seller and buyer are the same so this sale is likely a closely held sale between family members, which is probably why the price is so low... but appraisers still consider these things in their appraisals for any other prospective sellers/buyers, just not as heavily as they consider "independent" sales.

---------------------

Sale published in the Times-Picayune/NOLA.com on Saturday, May 23, 2009, E. JEFFERSON, Transfers filed May 1-7, 2009.

http://www.nola.com/home_and_garden/t-p/transfers/index.ssf?/base/living-1/1
243056243245810.xml&coll=1&thispage=7

Veterans Blvd. 6901, Unit 63. Cindy Family Preservation Trust to Todd Perilloux, $55,000.

TFOI Editorial Comment - Unit 63 is a 3 Bedroom downstairs unit, all the way in the back building. This unit is still completely gutted from after Katrina and the owner was never able to start renovations on this unit since the past FCCA Board(s), past manager and the present Board and manager have NEVER fixed the rotting rear wall studs and vapor barrier, which is part of
the building's construction and "common elements", not owned by the unit owner so the previous owner could not start his renovations until the Board/Manager does what they are supposed to do.

I hope the new owner gets better cooperation from the Board/Manager so that FCCA will do what they are supposed to do and then this new owner can begin their renovations. As to the price, this new owner basically got a "fully renovated" ALL NEW 3 Bedroom unit for around $60,000 to $70,000 since this sale also included a $25,000.00 insurance payment to be paid to the new owner (from FCCA) after the owner completes their repairs/renovations. If this new owner is diligent, they could completely renovate this 3BR unit for the $25,000.00 or maybe add in another $10,000.00 of their own money, meaning their total investment in the unit would be the $55,000.00 price and any money they add to the $25,000.00 insurance payment.... THEY GOT A GREAT DEAL! Unfortunately, this GREAT DEAL will result in EVEN LOWER property values as this sale will be considered in the appraisal value for other units. The current and past Boards and Managers have probably cost FCCA owners over ONE MILLION DOLLARS in owner equity because of their negligence in repairing the "common elements" in this unit... something they could have fixed for a few thousand dollars.

Now... if the FCCA Board and Manager do NOT cooperate with this new owner, this owner could be stuck in the same predicament as the previous owner and long-time resident, Freeman Ballard. Legally, owners are not allowed to do renovations concerning the "common elements", so that would be FCCA's job or FCCA would have to authorize the owner to make the repairs and then FCCA should have to pay for them but I guess this new owner could negotiate with FCCA on this point. The main thing is that the rotting 2x4's and vapor barrier be repaired properly to keep the wall from further rotting away, causing future structural issues that could cause those two units (downstairs and upstairs) to be condemned... or possibly even that entire building if the structural damage gets bad enough. This rotting wood and vapor barrier has been known to FCCA Boards/Managers since that unit was gutted back in late 2005, after Katrina.

--------------------

RECENT ARTICLES FOUND ON THE WEB ABOUT OTHER ILLEGAL BOARDS (AND THE COST TO THE OWNERS)

http://www.ahrc.se/new/index.php/src/news/sub/editorial/action/ShowMedia/id/4857

MAFIA: Mandatory homeowner Association Foreclosing In America

Shine a light on the mafia family extortion racket in HOAs and make their knees buckle

May 12, 2009

By Richard Craig (View author info)

San Antonio, Texas -

It's the same all across Amerika - intimidation, financial and emotional terrorism, obedience to the "rules" that were written by the lawyers during their drunken orgy with the developers/managers and the hand-picked board (using the term "elected" to describe the typical ascent onto an Homeowner Association board is heresy to this American.

When certain "mean good people" step onto the stage at the local HOA here in Texas, the board reacts by canceling the monthly meetings and pretending there's no business to discuss...the reality is they are cowards and they try to hide when good-intentioned "mean people" show up.

Shine a light on their extortion racket by offering MAFIA bumper stickers - big red word MAFIA and small words "Mandatory Association Foreclosing in America" on a black background... it makes their knees buckle when you publicly identify their mafia family lifestyle.

(EDITORIAL COMMENT BY TFOI - Hmmmmm... sounds like what is happening at FCCA
right now and how they recently called for a Special Owner's Meeting but then when the "mean good people" showed up, they cancelled the meeting... but then held an un-official meeting and tried to trash the "mean good people". Of course, the Illegally elected Board and Officers at FCCA won't even allow open monthly Board Meetings except for the owners they have illegally classified as "At-Large Board Members, which isn't even allowed according to the Condo Documents)

-------------

http://www.ahrc.se/new/index.php/src/news/sub/pressrel/action/ShowMedia/id/4862

Peters and Freedman Loses Yet Another Lawsuit

May 20, 2009

By Fan

San Diego, California -

A previously low key and quiet community in downtown San Diego has been in turmoil with extensive legal challenges and issues since David Peters became its attorney. The amount of money spent on legal fees by this small association was absolutely absurd. After a questionable annual election run by David Peters in summer 2008 and having had enough, a group of homeowners filed a recall petition to recall the entire board.

David Peters put up every obstruction possible to prevent the recall in order to protect the incumbent directors. He tried to enact election rules inconsistent with the bylaws, violated state statutes and came up with what appears to be a mythical Inspector of Elections known as "MSG".

After making every attempt to work with this incumbent board and this problematic attorney to assure that a fair recall election would occur, a lawsuit was brought by Lawrence Gallego, a resident with a backbone who was represented by San Diego Attorney Greg Garrison (858) 622-7878. Even in front of a superior court judge David Peters would not consent to having the judge rule on issues to insure a fair recall election.

Given David Peters resistance to a court ruled fair election process a five day trial ensued and the Superior Court Judge summarily dismissed Mr. Peters' spurious arguments and recalled the entire board and replaced the old board with a new homeowner elected board.

Mysteriously this supposed MSG Inspector of Elections never showed up in court. This community was financially devastated by the legal fees of the law firm of Peters & Freedman. All homeowner association should be very cautious and do their research before selecting their homeowner association counsel.

(EDITORIAL COMMENT BY TFOI - Replace "David Peters as attorney" with "Al Oglesby as manager and Clarence Favret III as attorney" and this is exactly what is happening at FCCA... and Pier 8, another Condo Complex that Al Oglesby is trying to run with an iron fist where he is spending tens of thousands of dollars of the owners money on legal fees suing and/or
threatening to sue any dissenters to follow HIS RULE at Pier 8 Condos as well... hmmmm.. sounds like FCCA, doesn't it?)

-----------

ANOTHER "DID YOU KNOW?" COLUMN -

Did you know that the ILLEGAL actions, elections, harassment, threats, fines and abuse being perpetuated by the past and CURRENT FCCA Boards and managers are the same kinds of things that are happening all over America. It has become SO BAD that some States have started regulating HOA's and have set up State Boards to oversee HOA Boards and managers.

The AARP has introduced a "Model" Homeowner's Bill Of Rights and is trying to get this passed as FEDERAL legislation to protect homeowners who happen to live in an HOA that is being controlled by an out-of-control Board and manager.

Here is a summary of what the AARP has to say in their "Model" Homeowner's Bill Of Rights:

Bill of Rights for Homeowners

The Right to Security against Foreclosure
An association shall not foreclose against a homeowner except for significant unpaid assessments, and any such foreclosure shall require judicial review to ensure fairness.

The Right to Resolve Disputes without Litigation
Homeowners and associations will have available alternative dispute resolution (ADR), although both parties preserve the right to litigate.

The Right to Fairness in Litigation
Where there is litigation between an association and a homeowner, and the homeowner prevails, the association shall pay attorney fees to a reasonable level.

The Right to Be Told of All Rules and Charges
Homeowners shall be told-before buying-of the association's broad powers, and the association may not exercise any power not clearly disclosed to the homeowner if the power unreasonably interferes with homeownership.

The Right to Stability in Rules and Charges
Homeowners shall have rights to vote to create, amend, or terminate deed restrictions and other important documents. Where an association's directors have power to change operating rules, the homeowners shall have notice and an opportunity, by majority vote, to override new rules and charges.

The Right to Individual Autonomy
Homeowners shall not surrender any essential rights of individual autonomy because they live in a common-interest community. Homeowners shall have the right to peaceful advocacy during elections and other votes as well as use of common areas.

The Right to Oversight of Associations and Directors
Homeowners shall have reasonable access to records and meetings, as well as specified abilities to call special meetings, to obtain oversight of elections and other votes, and to recall directors.

The Right to Vote and Run for Office
Homeowners shall have well-defined voting rights, including secret ballots, and no director shall have a conflict of interest.

The Right to Reasonable Associations and Directors
Associations, their directors and other agents, shall act reasonably in exercising their power over homeowners.

The Right to an Ombudsperson for Homeowners
Homeowners shall have fair interpretation of their rights through the State Office of Ombudsperson for Homeowners. The ombudsperson will enable State oversight where needed, and increases available information for all concerned.

Here is the full SIXTY NINE PAGE, AARP "Model" legislation and "White Paper".
http://postdownload.filefront.com/13812289/

And yet another Homeowner's Bill Of Rights, proposed by two Ph.D.'s, for the State Of Florida and other States.

Here is a summary of this proposed HOA Bill Of Rights:

A BILL OF RIGHTS FOR HOMEOWNERS IN RESIDENTIAL COMMUNITY ASSOCIATIONS
Lois Pratt, Ph.D. and Samuel Pratt, Ph.D.

"A bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse." (Thomas Jefferson, 1787)

This is an exploration of the fundamental and the particular rights that accrue to homeowners in residential community associations. This is not a legal document. It is a document based on the traditions of American democracy as they apply to the RCA form of housing.

DISCUSSED HERE ARE A HOMEOWNER'S RIGHTS -

To Property Rights
To a Proper Governance Structure
To Proper Administration
To Participate Fully
To Accountability
To Information
To Rights As a Neighbor
To Constitutional Rights

You can download a full copy of this Bill Of Rights here:
http://postdownload.filefront.com/4812899/

Or read the full copy on the original website where this is posted:
http://members.cox.net/concernedhomeowners/PrattBoR.htm

Here's an article showing how a County in Texas is regulating HOA's:

http://www.rockwallheraldbanner.com/local/local_story_026155619.html
Herald-Banner
Rockwall County, Texas
Published: January 26, 2006 03:56 pm

City limits HOAs

Ordinance only affects future associations

By Jeff Parish

Herald-Banner Staff

Future homeowners associations will not be able to regulate quite as much as they can today.

"I'm a Republican; I don't believe in big government," Councilman Matt Scott said. "The HOA's are another quasi-governmental entity. If they are regulating 1,000 other things, how many layers of government do you want to live under?"

The City Council recently approved an amendment to the subdivision ordinance that allows for review of homeowners association documents. The provision allows Rockwall an opportunity to check for conflicts with city regulations, including the use of city rights-of-way and public easements - namely streets.

Most cities, including Rockwall, usually review homeowner association regulations to check for maintenance agreements for common areas, Planning & Zoning Director Robert LaCroix said.

"They're horribly written most of the time," Scott said. "I went to law school, and I don't understand half of them when I read them."

Scott suggested a couple of other amendments. No association could prohibit homeowners from displaying yard signs advocating political candidates, political parties, bond elections "or similar matters of public importance." Under Scott's proposal, a homeowners association also could not prohibit parking on a street if the city allowed parking. The Shores association restricts parking on streets in its subdivision. If cars parking on a street creates a traffic flow problem, then an association should ask the city to prohibit parking, not take the issue on itself, Scott said.

Local, public streets in Texas are the exclusive domain of the City Council, City Attorney Pete Eckert said.

"There's no 'Yeah, but,'" he said. "That's a rule the Supreme Court adopted a long time ago."

Many people moving into a neighborhood don't see homeowners association regulations until closing. Mayor Pro-Tem Bob Cotti suggested requiring HOA documentation earlier so prospective buyers will have a better chance to review the rules.

"I don't know of a way we can enforce that," Eckert said. "I would want to stay away from that."

The council supported Mayor Bill Cecil's idea that staff try to find a way people looking to buy a home were made aware of the regulations while they were considering a neighborhood, not closing on a home.

"It would better serve the HOAs, it would better serve our citizens, and it would better serve our community as a whole," he said. "I don't want to take a shortcut around that."

Scott said since he brought up the idea in October, he has been compared to Mao Tse-Tung and Fidel Castro for interfering with contractual agreements. The amendment doesn't affect existing homeowners associations, he said. The idea is to limit future HOA regulations and declarations of covenants, conditions and restrictions.

"Some people have gone nutty with these HOAs," he said. "If you're going to form an HOA in the city of Rockwall - which, by the way, we require everyone to do - we're not going to create a monster for future citizens."

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

Fountain Court Condos - The Fountain Of Information - Supplemental Report On Special Owner's Meeting

2009-05-19T11:09:00.002-05:00

"THE FOUNTAIN OF INFORMATION"
-- Tuesday, May 19, 2009 --

HEADLINE - Supplemental Report On Special Owner's Meeting On May 14, 2009

After reviewing the hand-outs that they gave out at the door when entering the Special Owner's Meeting, please note the below VERY IMPORTANT INFORMATION.

There was an item on the agenda called "5. New Business", scheduled to be discussed that night, before the Board and Alcor decided to cancel the meeting since they didn't want any Mortgagees at the meeting... what do they have to hide???

This "New Business" item reads as follows: "5. New Business - Proposed Amendment to By-laws to formally and legal [Sic] set standards regarding number of rentals from this point forward - relates to new Owners from this point forward only."

So... is the Board and Alcor admitting, once again that I was right and that they ILLEGALLY changed the By-laws when they ILLEGALLY changed the "Rules And Regulations - Exhibit E" back in 2008 when they added a new rule limiting the number of rental units and giving the Board and Alcor control of the units available for rent? YES THEY ARE!!! What this also means is that if you have a vacant unit that you wanted to rent out right now, you should be able to do it without having to follow the ILLEGALLY passed "Rule" from 2008. Remember though... that since the current Board and management contract are also ILLEGAL, anything they try to do "legally" right now would also be considered illegal. They really need to dissolve the Board
themselves, hold new and legal elections for Board members, legally appoint new Officers, etc... and then the legal Board can start to make legal changes as long as they continue to follow the Condo Documents, which says that the Condo Documents can only be changed by following those three pesky little steps... meaning they have to ASK THE OWNERS and get an 80% approval
from the owners before they can just go around changing things. WOW... WHAT A NOVEL IDEA... ASKING THE OWNERS BEFORE JUST DOING WHATEVER THEY WANT TO DO! Folks... I think things will finally be starting to change around FCCA... and if they do not do it voluntarily, then the Court will eventually ORDER them to do it!

I previously reported that changing the Rules to put these kinds of restrictions on people, who never had a restriction when they bought their unit, was ILLEGAL but as we've seen in recent weeks TFOI's, the current and past Boards and managers of FCCA haven't really cared much about following the rules... the same rules they try to shove down everyone else's throats and demand that you follow them or they will threaten, harass, fine or sue you if you don't.

Now... speaking of renting out your unit...

Here's a couple of little hints if you choose to use the "Official" lease that one of the previous illegal Boards added to the "Rules And Regulations - Exhibit E", without first getting an 80% approval from ALL of the owners. In that "Official" lease, available for download from the Fountain Court website, there is a section in the lease that basically says the Lessor (Owner) is responsible for providing maid service to the Lessee (Tenant), so you may want to read through that lease and make a few changes to it.

On page 3, of the "Official" lease, under the section "MAINTENANCE AND REPAIR", it currently reads as follows: "Lessor will, at his sole expense, keep and maintain the Unit and appurtenances clean, sanitary, orderly and in good condition and repair during the term of this Lease, except for those repairs due as a result of Lessee's or his visitor/guest's misuse or neglect, which repairs will be at Lessee's expense."

What this says, is that the "Lessor" (the Owner) will keep and maintain the unit in a clean, sanitary and orderly condition during the term of the lease... meaning the Lessor (Owner) is promising maid service as part of the lease.

Another thing you may want to add to the lease, is the option to raise the rent in January, 2010, or anytime prior to that date, in the event Alcor and the Board legally or illegally raise your Condo Dues. I suspect that a $50.00/month increase will be proposed soon, in order to try and balance the books since Alcor and the Board currently show the books as hemorrhaging red ink... READ ON!

The next VERY IMPORTANT issues were noticed in reading the handouts.

Under the "LIABILITIES AND CAPITAL" section of the "Balance Sheet" that was handed out, they list "Total Current Liabilities" as "0.00", which is A BIG LIE!!! I'm not a CPA, but if you look at the same "Balance Sheet", under the section, they call "Current Assets", they have two items, "Katrina/Gustav Ins. - Oper" and "Katrina Insurance Fund - MM" and these two line items have balances of $23,570.99 and $34,504.98, respectively. These two lines, I believe, is the money that Alcor and the Board is currently holding back from owners who have not completed their Katrina repairs. I know there are still at least two units in the rear courtyard that have not been completed and I've heard from a few folks in the front courtyard who say they haven't received all of their money from the Gustav claim. So... is Alcor and the Board reporting this money as an asset but not showing the reciprocal liability line item since most of this money is actually owed to the owners for whom the money was originally intended? This "Balance Sheet" seems to violate the Bylaws which require the FCCA Books be kept according
to generally accepted accounting guidelines.

As previously reported, the line item for "Edward Jones Account" has gone down from over $175,000.00 to now showing only $36,798.49, meaning around $140,000.00 is gone from that account since September, 2008, the last time that I received a "Balance Sheet" from Alcor.

Next, under "Capital", you'll see that Alcor has the "Beginning Balance Equity" listed as $349,672.36, then "Retained Earnings" listed as a NEGATIVE $173,827.96 and the "Net Income (Loss)" listed as a NEGATIVE $56,689.23, so the "Total Capital" has gone down from $349,672.38 to $119,155.15 and this figure is still listing the $58,000.00+ of Insurance proceeds that is owed to some of the owners, but not listed as a liability... meaning the actual "Total Capital" is REALLY LESS THAN $61,000.00.

The "Insurance Reserve Account" ONLY has $920.57 in it... WOW.. not much of an Insurance Reserve.

FCCA IS HEMORRHAGING RED INK RIGHT NOW AND IT'S UP TO THE OWNERS TO TELL THE BOARD AND MANAGER TO QUIT SPENDING THEIR MONEY LIKE A BUNCH OF DRUNKEN SAILORS... no offense to drunken sailors who are actually more responsible than Alcor and the Board seem to be. Maybe I need to change that "drunken sailor" parody to "Washington politician" since politicians are much more irresponsible than a drunken sailor could ever be.

I really think one or more owners should bring this "Balance Sheet" and one or more of the previously issued "Balance Sheets" to their own accountant for a quick review. If they tell you what I think they will tell you, you don't have to sue Alcor and the Board yourself, just come and join us since we are already suing over some of these issues and can amend our current lawsuit to add these new issues. It would be much less expensive for you to join us than it would be to start up your own new lawsuit... but that is also an option for you.

I will be scanning and uploading the above reference documents (and some other recent documents) so you should be able to download them from http://TheFountainOfInformation.blogspot.com by clicking on the FileFront link included in the header of every page. This will be done in the next day or two.

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
Handyman Services, Lawn & Garden Care, Painting, Gutters Cleaned, General Cleaning & Trash Hauling, Etc.

[hoanet] Banks Leery Of Lending In Some (HOA) Communities (especially Condos)

2009-05-19T10:03:00.002-05:00

From: http://groups.yahoo.com/group/hoanet/

1. Is This Happening in HOAs All Across the Nation?
Posted by: "Koreen" chaote987@...
Date: Mon May 18, 2009 9:20 pm ((PDT))

Banks Leery of Lending in Some Communities

By MICHAEL W. FREEMAN
The Reporter Editor

Published: Sunday, May 17, 2009 at 12:01 a.m.

FOUR CORNERS For the construction industry, the timing couldn't have been worse: new, expensive subdivisions opened for sale just as the housing bubble was bursting, leaving entire developments with a huge inventory of unsold units.

That high inventory made it tough to sell any of the newly built homes. The competition for so few buyers was fierce, and as a result prices have plummeted.

But now some local Realtors say these subdivisions are facing a new, equally serious challenge: collapsing homeowner associations that can no longer afford to pay basic bills, because so few of the remaining homeowners are sending in their monthly HOA dues.

"The HOAs are a mess right now," said Sean DePasquale, a senior loan officer with Florida Mortgage Partners Inc. He said this is a particular problem for condominiums that have a lot of unsold or foreclosed units, and it's tough to get a mortgage these days for anyone interested in buying one of these units at a bargain basement price.

"Condos are not even on the radar right now for loans," he said.

Pete Howlett, a Four Corners Realtor, said some of the local subdivisions are plagued by a high number of short sales, where the owner can no longer afford their mortgage and attempts to sell the property at a loss. Their hope is the bank will agree to accept the lower asking price and write off the remaining debt.

"Some of them have so many short sales right now," Howlett said. As a result, banks are leery of writing loans to potential buyers who want to take advantage of the low prices.

"I have seen that in several communities that have HOAs," Howlett said.

Homeowner associations were intended to be self-governing boards that oversee new developments and subdivisions built in unincorporated areas like Four Corners, Celebration and Poinciana. HOAs set the rules that the homeowners within the development live by, and collect the dues that finance everything from landscaping and upkeep on the common grounds, to
construction of new roads or clubhouses within the community.

But many of the subdivisions that started construction at the height of the housing market in 2004 and 2005, when demand for new properties seemed highest and many of the units pre-sold before construction work was even completed, suffered painfully from the market crash. Some people cancelled their contracts to purchase a home within the development, even if it meant losing a hefty down payment, while other units fell into foreclosure, and some of these subdivisions have come to resemble ghost towns.

For a lot of the HOAs that govern these subdivisions, the rising foreclosure rate has meant the dues they collect are disappearing.

As a result, Howlett said, these subdivisions have a bad reputation and banks are reluctant to finance loans to new buyers who want to get into one.

"Most of the buyers we get, we take them to places without HOAs," Howlett said. "Otherwise they have major problems with people who have not paid their HOA dues. These dues have to get settled at closing. The banks are not lending these days in HOA communities."

Howlett said he's seen instances where as an inducement to buyers, the developer offered free cable. But some HOAs have been unable to pay their cable bills and the cable companies have shut off service to the entire subdivision or condo development.

"In one instance Bright House didn't get paid, and it was quite the stalemate for a while there," Howlett said, adding that the cable company finally agreed to set up accounts with the individual homeowners still living in the development.

"I think they realized they would not get paid by the HOA, so they might as well allow the individual homeowners to get the service," he said.

[Contact Michael Freeman about this article at Reportermailbox@gmail.com]

Fountain Court Condos - The Fountain Of Information - DID YOU KNOW???

2009-05-18T09:00:00.003-05:00

"THE FOUNTAIN OF INFORMATION"
-- Monday, May 18, 2009 --

HEADLINE -

DID YOU KNOW... WHY THE CURRENT AND PAST BOARDS/OFFICERS ARE ILLEGALLY
ELECTED???

The Fountain Court Bylaws state in part:

ARTICLE III, BOARD OF DIRECTORS.

Section 1. NUMBER AND QUALIFICATION.

"The Board Of Directors shall be composed of three (3) persons, all of whom shall be Unit Owners or spouses of Unit Owners, Mortgagees (or designees of Mortgagees)..."

Section 2. POWERS AND DUTIES.

"The Board Of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Unit Owners Association and may do all such acts and things as are NOT by the Condominium Act, the Declaration or by these Bylaws REQUIRED to be exercised and done by the Unit Owners Association..."

Section 3. ELECTION AND TERM OF OFFICE, states in part:

"(a) At the first annual meeting of the Unit Owners Association, the term of office of one (1) member of the Board Of Directors shall be fixed at three (3) years, the term of office of one (1) member of the Board of Directors shall be fixed at two (2) years, and the term of office of one (1) member of the Board of Directors shall be fixed at one (1) year. At the expiration of the initial term of office of each member of the initial Board of Directors, a successor shall be elected to serve for a term of three (3) years...."

Section 15. LIABILITY OF THE BOARD OF DIRECTORS, OFFICERS, UNIT OWNERS AND UNIT OWNERS ASSOCIATION, states in part:

"(a) The officers and members of the Board of Directors shall not be liable to the Unit Owners Association for any mistake of judgment, negligence or otherwise EXCEPT FOR THEIR OWN INDIVIDUAL WILLFUL MISCONDUCT OR BAD FAITH.

ARTICLE IV, OFFICERS (in part)

Section 1. DESIGNATION. The principal officers of the Unit Owners Association shall be the President, the Vice President, the Secretary and the Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an assistant treasurer, an assistant secretary and such other officers as in its judgment may be necessary. The President and Vice President shall be members of the Board of Directors.

Section 2. ELECTION OF OFFICERS. The officers of the Unit Owners Association shall be elected annually by the Board of Directors at the organization meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors.

Section 6. SECRETARY. The Secretary shall keep the minutes of ALL meetings of the Unit Owners Association and of the Board of Directors; have charge of such books and papers as the Board of Directors may direct; maintain a register setting forth the place to which all notices to Unit Owners and Mortgagees hereunder shall be delivered; and in general, perform all the
duties incident to the office of secretary of a non-profit corporation organized under the Louisiana Not-For-Profit Corporation Act.

Section 7. TREASURER. The Treasurer shall have the responsibility for Unit Owners Association funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, and for the preparation of all required financial data; and be responsible for the deposit of all monies and other valuable effects in the name of the Board of Directors, the Unit Owners Association or the Managing Agent, in such depositories as may from time to time be designated by the Board of Directors; and, in general, perform all the duties incident to the office of treasurer of a non-profit corporation organized under the Louisiana Not-For-Profit Corporation Act...."

As you see in Article IV, Section 2, the Officers (President, Vice President, Treasurer and Secretary) SHALL be elected by the Board of Directors, NOT the Unit Owners... meaning that NONE OF THE PAST SIX YEARS ANNUAL OWNER'S MEETINGS ELECTIONS WERE HELD PROPERLY. Since the Board and Officers were not legally elected, then anything and everything they've done are also NOT LEGAL.

Here's the proof...

(a copy of all of the below referenced documents are available for download if you visit http://thefountainofinformation.blogspot.com/ and click the FileFront link near the top of the page)

In the monthly "Management Report" for the "Month of November, 2003" , it states in part, "... There was a vote for Vice President for a 3 year term with only one nominee, Fred Rapp, Unit #68. Prior to the vote the President asked if there were any nominations from the floor. There were none. The vote for Fred Rapp was unanimous. It should be noted that there was not a quorum for this Annual meeting and as a result the VP vote did not have a quorum. President Mirza explained that the Condo Document and the By Laws did not address such a situation, and therefore made the decision to validate the vote for VP. President Mirza advised that Management will consult with an attorney for a legal opinion...".

Now, lets examine what the above paragraph is saying. First, the Unit Owners ARE NOT ALLOWED to vote for Officers... only for Board Members. See Article III, BOARD OF DIRECTORS, Section 3., ELECTION AND TERM OF OFFICE for how the Unit Owners shall elect the Board of Directors; and then see Article IV, Section 2., ELECTION OF OFFICERS, for how the Board of Directors shall elect/appoint the Officers. Board Members are elected by the Owners for three year terms. Officers are elected/appointed by the Board of Directors, for one year terms. NEITHER OF THESE TWO VERY SIMPLE SECTIONS OF THE BYLAWS HAVE BEEN FOLLOWED FOR AT LEAST THE PAST SIX YEARS, MEANING THAT NONE OF THE BOARDS OR OFFICERS HAVE BEEN LEGALLY ELECTED FOR AT LEAST THE PAST SIX YEARS... meaning NOTHING that has been done for the past six years is legal... meaning the changes to the Rules aren't legal (which we already know wasn't legal since they didn't let the owners vote), meaning the hiring of Alcor isn't legal, meaning the illegal fines, threats and lawsuits aren't legal, etc., etc., etc.

After the above illegal election, the so-called Board Of Directors, was comprised of a so-called elected President Sultan Mirza, a so-called elected Vice President Fred Rapp and a so-called elected Secretary/Treasurer Ronald Breath. These three, while probably trying to do a good job for Fountain Court, continued to follow bad "professional management by Chet Hingle" advice and/or bad legal advice and continued to do things ILLEGALLY.

In the "Management Report" for the "Month of January, 2005", it ends with a notice, IN ALL CAPS, saying, "PLEASE REMEMBER THE OWNER'S MEETING ON WEDNESDAY, FEBRUARY 16, 2005, 7:00 P.M. IN THE FRONT BUILDING RECREATION ROOM. THE AGENDA IS TO CHANGE THE VOTE REQUIREMENT TO 50% FROM 80%, SAME AS LAST MEETING. IF YOU CAN'T MAKE THE MEETING, PLEASE SEND IN YOUR PROXY WHICH WAS LEFT WITH YOU. IF YOU CAN'T LOCATE YOUR PROXY SLIP, CALL THE OFFICE AND ONE WILL BE DELIVERED TO YOU.

There are TWO MAJOR problems with this proposal. First, NONE of the previous illegally elected Boards/Officers have ever properly notified any of the mortgagees of any of the annual owner's meetings or special owner's meetings, as required by the Condo Documents. Second, as previously reported in a recent "Did You Know?" column, mortgagees would have to give 100% approval, in writing to any "material change" to the Condo Documents and since they were never notified, mortgagees were subsequently never asked to give their 100% approval for the change from 80% to only 50% substantially lower voting standards. There is a reason that the Louisiana Condo Act calls for at least a 77% vote of ALL OWNERS, saying YES, before the Condo Documents can be changed and there is a reason that there is an even higher standard of 80% in the Fountain Court Condo Documents... this is to protect ALL OF THE OWNERS from a runaway, illegally elected/appointed Board and/or Officers from trying to infringe on the rights that are given to each owner. There is also a reason that 100% of mortgagees have to give their written consent to materially or substantially change the Condo Documents.

In the "Management Report" for the "Month of February, 2005", it states, in part, "... Congratulation again on having a quorum and passing the resolution at hand at the meeting, February 16, 2005. As mentioned, many condominium complexes have been striving for many years unsuccessfully to amend their Condo Documents as Fountain Court has...."

The MAJOR PROBLEM, once again, is that the so-called elected Officers calling themselves the Board did not legally and properly notify ALL of the mortgagees and get their 100% written approval for this "material change" to the Condo Documents... so it simply is NOT LEGALLY DONE... not just because the legal notice was not sent to the mortgagees but because the
Officers/Board were not even legally elected pursuant to the Condo Documents.

In the "Management Report" for the "Month of February, 2006", it states, in part, "... The deferred Annual Owner's Meeting will be held Wednesday, April 26, 2006 at 7:00 P.M.... There will be a vote for the position of Board of Director/President. ANY UNIT OWNER MAY SUBMIT TO THE SECRETARY, DON GAUTHREAUX, UNIT #39 BEFORE MARCH 26, 2006, A NOMINATING PETITION... FOR THE VACANCY OF BOARD OF DIRECTOR/PRESIDENT... Our insurance agents and attorney will be invited."

Once again, they are asking the owners to vote for an Officer/Board Member at the same time, in violation of the above clearly written instructions on how the Board shall be elected by the owners, for three year terms, and then the Officers shall be appointed for one year terms by a duly elected Board. Unfortunately, Fountain Court has not had a duly elected Board in many years and even the illegal Boards have not followed the Condo Documents where they pertain to the Board electing/appointing Officers for their one year terms.

I have the actual NOTICES that have gone out for nearly every Owner's Meeting for the past six years and the NOTICES parrot the same illegal language. Even the last two NOTICES that Alcor has sent out for the 2008 Annual Owner's Meeting and the May 14, 2009, Special Owner's Meeting, he also references illegally electing a new Officer/Board member, so even though you all are paying him twice as much as previous managers, he is giving you all the same crappy so-called professional advice. His crappy so-called professional advice has led to many illegal rules, fines, threats, lawsuits, etc., costing the owners tens of thousands of dollars... money that should be used to repair the crumbling walls, leaking roofs, breaking water lines and failing sewer lines.

DID YOU ALSO KNOW??? that when Alcor took over, FCCA had $175,000.00+ in the Edward Jones account and still had that amount of money as of September, 2008? In the hand-out given at the May 14, 2009 Special Owner's Meeting, the Edward Jones Account is now down to $36,798.00... MEANING AROUND $140,000.00 IS GONE FROM THAT ACCOUNT. UNDER ALCOR AND YOUR CURRENT ILLEGALLY ELECTED BOARD, FCCA IS SPENDING MONEY LIKE A BUNCH OF DRUNKEN SAILORS... (no offense to drunken sailors intended)... AND AT THE CURRENT RATE, THE EDWARD JONES ACCOUNT WILL BE DEPLETED PRIOR TO THE ANNUAL OWNER'S MEETING IN NOVEMBER, 2009, AND AT THAT POINT, THEY WILL ASK YOU FOR ANOTHER INCREASE IN YOUR CONDO DUES TO COVER THEIR SPENDING SPREE. IN THE BALANCE SHEET HAND-OUT, THEY EVEN SHOW THE "NET INCOME" AS BEING A NEGATIVE $56,689.23, SO FAR THIS YEAR [indicated by "Net Income (Loss) - (56,689.23)] AND THIS FIGURE IS ONLY A Y-T-D (Year To Date) FIGURE. AT THEIR CURRENT RATE OF DRUNKEN IRRESPONSIBLE SPENDING, FOUNTAIN COURT CONDOS WILL BE BANKRUPT BY THE END OF THE YEAR.

In conclusion, I hope and pray that enough of the owners will start to get involved... including becoming co-plaintiffs in our lawsuit against the FCCA to force FCCA to start following it's own Condo Documents and start doing things legally around here. There are many owners who are active right now, but unfortunately, many of them are blindly following the illegal activities of the current illegally elected Officers/Board so those owners are not of much help to the owners who want things to start being done legally and proper around FCCA.

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

Fountain Court Condos - The Fountain Of Information, Thursday Night, May 14, 2009

2009-05-15T01:43:00.002-05:00

"THE FOUNTAIN OF INFORMATION"
-- May 14, 2009 - Late Night --

Just a preliminary report about what happened and didn't happen at the "Special Homeowner's Meeting"... the meeting that didn't happen.

After arriving at the meeting, Thomas Schmidt and myself, as Mortgagees took our seats and shortly afterwards, Ryan Lee, the illegally elected President of FCCA, announced the opening of the meeting and then turned everything over to Al Oglesby, of The Alcor Group. Al Oglesby then asked for a show of hands of "the owners in attendance" and there were approximately 30 owners present and about a dozen other attendees. Al Oglesby then asked Thomas Schmidt and me to stand up and introduce ourselves. We did. He never asked any of the other non-owners to stand up and introduce themselves. After we introduced ourselves, he then went on to say that since Thomas Schmidt was not only a mortgagee, but also the attorney for Suzanne Halprin and me, Al said that their attorney advised them that if we attended, the Board would be at a distinct disadvantage and that they should adjourn the meeting if anyone motioned to have the meeting adjourned. Immediately, an owner raised their hand and motioned for the meeting to be adjourned and a second owner seconded the motion. At that point the meeting was adjourned to be re-scheduled to another date.... or more than likely NOT!

Here is why.

Suzanne legally notified the Board that she had executed mortgages to me and Thomas Schmidt, and as mortgagees, we have the right to attend Owner's Meetings, examine the books, request and receive audited financial statements and all other rights of mortgagees as outlined in the Condo Documents which I also outlined earlier in the week.

Since there was no longer an official "Owner's Meeting", we were no longer entitled to be at the "Unofficial" meeting that took place afterwards with all of the folks that hung around.

According to phone and email reports that I've received so far, the meeting was "all about Lenny". Aren't I special! ;-)

Al Oglesby went on to do a slide show and presentation at this "Unofficial" meeting trying to lambast everything about me. Unfortunately, he only gave his slanted spin which did not resemble the truth very much. More to come on that later.

Al Oglesby also tried to say that they won this big Judgment against Suzanne and me but they didn't. We did do a simple settlement agreement the morning of Court for the first of many phases of the legal proceedings in which only two things were actually resolved. One thing was that I would caulk the rear windows of our unit, something I've been willing to do for two years
but they threatened us with legal action if I did this. They finally agreed to let me do it and it has been done. They didn't tell you that, did they! They had threatened us with legal action if I was to caulk the windows for the past two years, but once they got to Court, they realized how silly they were acting and knew the Judge would probably frown on their actions so they agreed to let me do what I've been wanting to do for two years. That caulking around the windows still does not resolve the FACT that the walls and the top of windows still leak whenever there is a hard or wind-blown rain blowing against that wall. The rain water is coming in through the brick walls, just like they do on many other downstairs units, like Unit 61, 62, 63 and others. The rain water would come through their walls so bad that water would puddle on the floors of the back rooms of those units. I even helped those owners fight the old Board and they finally conceded and paid to have the brick wall sealed to form a new vapor barrier since the vapor barrier inside the wall had rotted away in those units. The problem with our windows is that the wood and vapor barrier around the tops of our windows is rotting away so caulking around the frame of the window will not fix the problem and rain will continue to come in through the brick wall and continue to rot away the wood. See the last two paragraphs below for photos of other units that are also rotting away due to leaking walls and rotting/crumbling vapor barriers.

The next thing we agreed to do as part of this initial settlement was that I would make one my trucks "look prettier", which seems to be a big problem for some folks around here... WHILE THE WALLS COME TUMBLING DOWN. I already did the first phase of making my trucks look prettier and will be doing more in the coming days. Please note that the Board NEVER ONCE wrote to Suzanne or I and asked me to try and make my trucks prettier and there really isn't anything in the legal Condo Documents addressing the aesthetics of someone's vehicle. The first letter that we got from FCCA was a threat of a $100.00 fine if I did not move one of my trucks off of the property but then in our depositions, I pointed out that the rules say I can have two vehicles... which is all that I have. If some folks around FCCA are worried about all vehicles "looking pretty", maybe the Board needs to buy us all brand new vehicles so we'll all have pretty vehicles! I personally think there are a few other vehicles that are pretty darned ugly but I don't have a problem with them and they aren't violating any of the rules so I don't worry about it... I guess some others have nothing else to do but worry about other people's vehicles... but once again, FCCA has only been selectively harassing, threatening and attempting to enforce these "Pretty Vehicle" rules against only me... but I'm a big boy, I can handle it! I figure that as long as they are busy trying to bother me, they are leaving the rest of you alone so at least you all aren't being bothered by their pettiness.

Everything else that they claimed that they won were things from one or two years ago that were resolved as soon as they brought the matter to our attention.... even though they were selectively harassing and threatening only Suzanne with these so-called violations of the illegal rules made up by an illegal Board. If I had known back then, what I know now, I may not have
complied with every one of their requests since they are not a legally elected or appointed Board and Officers and the Rules and Regulations they purport to be enforcing are also illegal as I explained and clearly showed ALL of the owners in the daily emails the past four days.

More to come as I get a chance to read these email reports and review my notes from my phone in reports.

Now here is what I talked about a little earlier and further referenced with the "WHILE THE WALLS COME TUMBLING DOWN" comment...

Don't say I didn't warn you all (since I've reported on this many times) but you can see how the actual 2x4's are already completely rotted away at the base, in Unit 63, by looking at the photos here...

http://image53.webshots.com/153/5/71/5/512857105mYFikQ_fs.jpg - Puddling on
the floor when it rains hard

http://image75.webshots.com/75/6/21/19/2099621190081930608ynlQIS_fs.jpg -
Three Studs in Middle Rotting Away at the base and crumbling vapor barrier

http://image75.webshots.com/75/7/97/33/2956797330081930608POSzFG_fs.jpg -
Close up of the three studs and wet base stud and crumbling vapor barrier

Notice how these units all have tile flooring... not because they liked tile flooring but because their carpeting kept getting ruined, moldy, mildewed... and soaking wet, every time it rained hard against their back wall.

You can see more photos of other water damage in other units and more photos of the crumbling vapor barrier in unit 63... something that the FCCA Board needs to repair BEFORE this unit can ever be renovated. That's a BIG REASON why this unit remains gutted three years later.
http://news.webshots.com/photo/2956797330081930608POSzFG

Fortunately, after these three owners and this author reported and fought the old Board long enough, they eventually decided to seal the rear brick wall on that building, to turn the brick wall into a vapor barrier, but this will have to be done every 5-10 years or the walls will just start leaking again. FCCA still has done nothing to repair the rotting and crumbling rear wooden framing... the wood 2x4's actually hold up the building, not the bricks. Since this is a load bearing wall that is rotting away, it means that one day, that wall will probably collapse and the upstairs unit will then be a split-level unit. I hope and pray that nobody gets hurt... but if they do, they'll have one WHOPPER of a lawsuit against Fountain Court Condos for the current and past Boards failure to properly repair these rotting walls.... but at least our vehicles will "look pretty"... well, except for the ones that park next to that wall, when it comes tumbling down. ;-)

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

Fountain Court Condos - "The Fountain Of Information", Thursday, May 14, 2009

2009-05-14T09:11:00.001-05:00

"THE FOUNTAIN OF INFORMATION"
Thursday, May 14, 2009

HEADLINE -

-- WHAT CAN HAPPEN IF YOU CONTINUE TO ALLOW YOUR BOARD AND MANAGER TO BREAK ALL OF THE RULES... OR YOU CAN JOIN US IN OUR ATTEMPTS TO STOP THEM FROM BREAKING ALL OF THE RULES --

To recap the information provided in the past four days of "The Fountain Of Information", leading up to today... the day of our Special Homeowner's Meeting at 6:30 P.M., below are MANY recent articles showing WHY there is a mandatory provision of the Condo Documents requiring the books to be audited by an independent accountant each year... although the current board and manager and many or most of the past boards and manager have FAILED TO HAVE THIS MANDATORY AUDIT DONE!!!!

Woman Accused Of Bilking Association of $484,196.00 -
http://www.pnj.com/article/20090508/NEWS01/905080323/0/NEWS01/Woman+accused+
of+bilking+association+of++484+196

Treasurer Guilty Of Forging Checks -
http://www.delmarvanow.com/article/20090512/NEWS01/905120338/-1/newsfront2/Treasurer+guilty+of+forging+checks

Casablanca Condos Homeowner's Association Fraud -
http://www.petitionspot.com/petitions/casablancacondosfrau

Condo Fraud Cases Prompt Calls For Advice -
http://www.ccfj.net/condofraudadvice.html

Owners Of HOA-Management Firm Accused Of Fraud, Theft -
http://www.ccfj.net/HOAAZmanagerfraudtheft.htm

"Manager of a 268-unit homeowners association stole $1.5 million during a seven-year period before his activities were discovered" -
http://www.asaecenter.org/PublicationsResources/AMMagArticleDetail.cfm?ItemNumber=7100

Man Accused Of Condo Fraud Pleads Guilty -
http://www.hoanewsnetwork.com/media/news/man-accused-of-condo-fraud-pleads-guilty.php

An Owner Lists An Online Complaint About Their Problems -
http://www.complaintsboard.com/complaints/mill-pond-homeowners-association-c114915.html

HOA Bill Designed To Stop Fraud -
http://www.chore.us/050719%20AZ%20-%20HOA%20bill%20designed%20to%20stop%20fraud.htm

"This is about good people demanding to know and having a RIGHT to know where the hell their money is going, and why they shouldn't have to pay for the incestuous illegal shenanigans of entrenched and crooked HOA boards, lawyers and managers working in cahoots against innocent homeowners."
http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/2284

HOA Board Member Faces Six Fraud Charges -
http://www.hoanewsnetwork.com/media/node/1194

Two Arrested In Condo Association Scam (Manager & Contractor) -
http://www.hoanewsnetwork.com/media/video/two-arrested-in-condo-association-scam.php

Manager getting kickbacks from service companies and contractors hired to work on condo property.
http://www.suntimes.com/business/roeder/1559993,CST-FIN-roeder06.article

The following four articles/documents will further help with information on how-to prevent fraud... BUT... IF OUR BOARD/MANAGER WILL JUST START FOLLOWING OUR CONDO DOCUMENTS, THERE ARE ALREADY BUILT-IN PROTECTION AND PREVENTION CLAUSES... SUCH AS FULL DISCLOSURE TO ALL OWNERS AND MORTGAGEES AND FOLLOWING THE CONDO DOCUMENTS WHEN PROPOSING NEW CHANGES OR PROPOSALS SO THAT THE OWNERS GET TO VOTE ON THESE PROPOSALS... ESPECIALLY PROPOSALS WHERE THEY ARE TRYING TO ILLEGALLY CHANGE THE CONDO DOCUMENTS, WITHOUT A VOTE OF THE OWNERS.

http://realtytimes.com/rtpages/20010418_fraud.htm

http://www.ehow.com/how_2364987_prevent-fraud-against-homeowner-associations.html

http://realtytimes.com/rtpages/20040324_hoastandards.htm

http://www.becker-poliakoff.com/pubs/newsletters/cu/cu_2009_v04.pdf

I hope to see everyone at the Special Homeowner's Meeting tonight!!! Remember, it starts at 6:30 P.M. and should be over no later than 8:30 P.M., according to the Notice that was sent out last week.

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

Fountain Court Condos - The Fountain Of Information - May 13, 2009

2009-05-12T22:22:00.002-05:00

"THE FOUNTAIN OF INFORMATION"
- SPECIAL EARLY EDITION -
Wednesday, May 13, 2009

(PLEASE PRINT OUT SEVERAL COPIES OF THIS NEWSLETTER AND DISTRIBUTE THEM TO YOUR NEIGHBORS WHO MAY NOT HAVE EMAIL OR BE ONLINE TO READ
http://TheFountainOfInformation.blogspot.com. Thank You!)

-- HEADLINE --
ANOTHER "DID YOU KNOW?" COLUMN -

(NOTE - This column is a follow-up to the May 12, 2009 edition of "The Fountain Of Information" so please read it first and/or have it handy for reference purposes.)

Did you know, that the Fountain Court Condominium's By-laws, ARTICLE III, BOARD OF DIRECTORS, SECTION 2. POWERS AND DUTIES, states the following, in part:

"Section 2. POWERS AND DUTIES. The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Unit Owners Association and may do all such acts and things as are not by the Condominium Act, the Declaration or these Bylaws required to be exercised and done by the Unit Owners Association. The Board of Directors shall have the power from time to time to adopt any Rules and Regulations deemed necessary for the benefit and enjoyment of the Condominium; PROVIDED, HOWEVER, that such Rules and Regulations SHALL NOT be in conflict with the Condominium Act, the Declaration or these Bylaws. In addition to the duties imposed by these Bylaws or by any resolution of the Unit Owners Association that may hereafter be adopted, the Board of Directors shall on behalf of the Unit Owners Associations:

...(f) Make and amend the Rules and Regulations

...(l) Keep books with detailed accounts in chronological order... Such books and vouchers... shall be available for examination by the Unit Owners, their duly authorized agents or attorneys, during general business hours on working days at the times and in the manner set and announced by the Board of Directors for the general knowledge of the Unit Owners. ALL books and records shall be kept in accordance with good and accepted accounting practices, and the same SHALL BE AUDITED AT LEAST ONCE EACH YEAR BY AN INDEPENDENT ACCOUNTANT retained by the Board Of Directors who shall not be a resident of the Condominium or a Unit Owner. The cost of such audit shall be a Common Expense.

...(q) Do such other things and acts not inconsistent with the Condominium Act, the Declaration or these Bylaws which the Board of Directors may be authorized to do by a resolution of the Unit Owners Association."

Now, lets examine what this says and means...

"The Board shall have the power from time to time to adopt any Rules and Regulations...; PROVIDED, HOWEVER, that such Rules and Regulations SHALL NOT be in conflict with the Condominium (Documents)... by any resolution of the Unit Owners Association that may hereafter be adopted..."

So, yes, the Board can adopt Rules and Regulation, "PROVIDED, HOWEVER," they are in compliance with the Condo Laws & Documents and as you saw in the May 12th edition of "The Fountain Of Information" there are those pesky "Three Simple Steps" that the Board has to follow as part of adopting or amending any Rules and Regulation, including Step 2., "A resolution adopting a proposed amendment... and after being proposed... MUST be approved by the Unit Owners... Such approvals MUST be by NOT LESS THAN EIGHTY (80%) percent in number of the Unit Owners." THE CURRENT BOARD AND MANAGER AND THE PAST BOARDS AND MANAGERS HAVE NEVER ALLOWED THE OWNERS TO VOTE ON ANY PROPOSED AMENDMENTS OR CHANGES TO THE RULES AND REGULATIONS, IN ABSOLUTE VIOLATION OF THE CONDO DOCUMENTS.

BUT... since the Board "thinks" that the above Article III, Section 2, does give them the power to "make and amend Rules and Regulations" (even thinking they can do this without a vote of the owners), then why have they continually failed to read down a little further in that Article III, where it says that the "books... SHALL BE AUDITED AT LEAST ONCE EACH YEAR BY AN
INDEPENDENT ACCOUNTANT..." (and in a couple of other parts of the Condo Documents, they SHALL provide a copy of said audited financial report to each and every owner within 90 days of the end of each year. Did anyone get their copy of the audited financial report by the end of March, 2009? Or any other time in the past ten years? NO, YOU DID NOT... BECAUSE THE
CURRENT BOARD AND MANAGER AND SO MANY OF THE PAST BOARDS AND MANAGERS HAVE DECIDED TO IGNORE THIS VERY IMPORTANT PART OF YOUR CONDO DOCUMENTS... but they did find $10,000.00 for a security camera system and another $10,000.00 for attorney's fees for their illegal threats, harassment and lawsuit against certain owners!)

IN CONCLUSION, THE BOARD AND MANAGER ARE NOW CRYING ABOUT FINANCES AND WILL BE ASKING YOU FOR MORE OF YOUR MONEY TO PAY FOR THEIR $20,000.00 SPENDING SPREE FOR NON-ESSENTIAL THINGS LIKE THE CAMERAS AND HIGH-PRICED LAWYERS, NOT COUNTING THE $15,000.00 MORE EACH YEAR THAT YOU ALL ARE PAYING FOR ALCOR COMPARED TO WHAT YOU ALL PAID FOR PAST MANAGERS... ALL THIS SPENDING BEING DONE, WHILE IGNORING THINGS THAT THEY ARE SUPPOSED TO BE DOING PURSUANT TO THE CONDO DOCUMENTS, LIKE THE ANNUAL AUDITED FINANCIAL REPORTS. BUT REMEMBER, ANY SPECIAL ASSESSMENT THAT THEY TRY TO IMPOSE ON YOU HAS TO BE VOTED ON... AND TWO-THIRDS (66%) OF THE OWNERS HAVE TO APPROVE ANY SPECIAL ASSESSMENT BEFORE THEY CAN JUST TRY AND FORCE YOU TO PAY IT... HOWEVER, BE WARNED, THAT PAST BOARDS AND MANAGERS HAVE IGNORED THE SECTIONS OF THE CONDO DOCUMENTS THAT REQUIRE A VOTE OF THE OWNERS BEFORE PASSING A SPECIAL ASSESSMENT, SO BE ON THE LOOKOUT FOR THIS POTENTIAL VIOLATION OF THE CONDO DOCUMENTS. NOW, YOU KNOW THAT THEY CAN NOT DO THIS WITHOUT YOUR 66% APPROVAL... DARN.. THEM PESKY RULES THAT PROTECT THE OWNERS, GETTING IN THE WAY OF THE BOARD AND MANAGER'S ILLEGAL PLANS AGAIN!!! THEY SURE LOVE TO SHOVE THEIR RULES DOWN OUR THROATS WHILE IGNORING ALL OF THE RULES THAT APPLY TO THEM... SOUNDS ALMOST LIKE CONGRESS AND WASHINGTON, D.C., DOESN'T IT! MAYBE THEY CAN ASK PRESIDENT OBAMA FOR A BAILOUT! ;-)

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

Fountain Court Condos - The Fountain Of Information - Tuesday, May 12, 2009

2009-05-12T11:30:00.003-05:00

"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

Fountain Court Condos - The Fountain Of Information - Tuesday, May 12, 2009

2009-05-12T10:53:00.001-05:00

"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 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

The Fountain Of Information - Fountain Court Condos

2009-05-11T12:28:00.001-05:00

Monday, May 11, 2009 -

HEADLINES - (Three of them today!)

- An Anonymous Letter To Suzanne Halprin
- MORE Illegal Acts By YOUR Board (Re: Special Owner's Meeting Notice)
- Introducing The New "Did You Know?" Column

---------------------------------------------

-- AN ANONYMOUS LETTER TO SUZANNE HALPRIN --

Please see the attached "scanned" copy of the hand written anonymous letter to Suzanne Halprin, which she received last week. It is attached to this emailed edition, file name "2009-0508-FCC-Sue's First Hate Mail from ANONYMOUS". Following is a re-print of exactly what it says (the SIC's indicate spelling errors in the hand written letter):

-------
Sue,

Everone (SIC) here always felt you were not to (SIC) bright, but lately you proved us all correct!

Your association w/ trouble maker, shit stirrer Lenny takes it all. You win first prize on screwing yourself, along with everyone else here. Do you not see basically you are sueing (SIC) yourself, devalueing (SIC) your property.

You best think more about what you are doing. Are you that deparate (SIC) for a friend to chum with someone who has nothing but a big mouth? He has nothing to lose, whereas you own property here with no place else to go. This property is not worth much now, once people find out of the law suits (SIC) and problems, none of it will sell & be of less value. This will
encourage less & less desirable people to move here & you will be on (SIC) stuck among them.

Please for your sake & ours get rid of this bum & any association with him. If he were so damn smart he would be on his own & not always laying on someone else's leg. You must be brain-washed. Think of your future to (SIC). Remember, he has nothing to lose but a sheep.

He is making a fool of FCC Residnce (SIC) & you. THINK!

(Unsigned and no return address on envelope)

-------

OK. Now lets take a look at this letter and analyze what it is saying, paragraph by paragraph and/or sentence by sentence.

First, while the anonymous author called Sue "not to (SIC) bright", in the first sentence, it should be noted that the author made TWO spelling errors in that same first sentence... so maybe they were looking in the mirror when they were writing this letter. ;-) The mistakes continue with a total of NINE obvious spelling errors in a short, one-page hand written letter. Hmmmm.. judging from the fact that Al Oglesby signed his own name and spelled it wrong (it's spelled "Olgesby" in his signature) on the email that he sent out last week about the upcoming Special Owner's Meeting, one has to wonder if he wrote this error laden anonymous letter. ;-) Here is a
copy/paste of exactly how he signed that last email, dated May 3, 2009...

"Sincerely
Al Olgesby, CCIM, CPM, CEA
Property Manager
Fountain Court Condominium Assoc."

I am a BIG proponent of freedom of speech so I don't have a problem with this author's references to me having a BIG mouth, being a shit stirrer and a trouble maker (mainly to those who deserve it, much like the Media are considered trouble makers by lying/cheating politicians and the police are considered trouble makers by criminal enterprises). Neither Sue nor I feel
the want or need to reply to any of the name-calling since those are the author's opinions and everyone is entitled to their opinion. Sue did mention that I am NOT laying on her leg since I pay my fair share of the expenses and she also mentioned that she would rather "chum" around with me than hang around with a "sheep" like the anonymous author. Obviously, the anonymous author is following around the Board and Manager so closely that if they stop, the anonymous author might have to wipe the brown stuff off their nose. ;-)

Next, lets look at this author's claim that Sue is "devalueing" (SIC) the property and "sueing (SIC) yourself". Please NOTE that neither Suzanne Halprin or I sued FCCA first. We only sued FCCA in response to them suing us first and counter-sued FCCA as part of our defense to try and stop the current Board and Manager from continuing to break the by-laws, declarations, rules and even Louisiana law. As you will see in the coming days, weeks and months, MANY of the illegal things they are doing are a BIG reason for any lowering of property values at FCCA and some of their illegal actions could cause many more lawsuits and even some mortgage companies to possibly accelerate the loans on some of the owners at FCCA so the mortgage
company can get out from having any loans on this property because the owners are allowing the Board and Manager to break so many of the by-laws... many of which provide distinct legal protection for mortgage companies. All that I've done for the past several years is expose and point out the illegal activities of the current and past Boards and Managers and all the current counter-lawsuit is doing is trying to force the Board and Manager to follow the by-laws, declarations and Louisiana law so that mortgage companies will continue to make loans on units at FCCA. If mortgage companies ever decide to stop lending... NOW THAT WOULD SEVERELY AFFECT PROPERTY VALUES!!!!

More to come about this in the below NEW "Did You Know?" column.

When we inevitably prevail in our counter-lawsuit against the current FCCA Board, it will force them and future Boards to start being more open to the owners around FCCA, so that owners will be invited to the monthly/quarterly Board Meetings and be able to ask questions and find out what is going on ahead of time, instead of when it's too late! If and when the current and/or future Board(s) start doing things RIGHT, spending YOUR money responsibly (instead of acting like Washington, D.C.) and being fully open to ALL OF THE OWNERS at FCCA, then things will start to improve. Until then, you are right in your assertion that property values will fall. Suzanne Halprin does not control the Board, Manager or the purse strings at FCCA, YOUR Board and Manager controls them and that is who you should be directing your anger towards... not someone who is standing up for everyone at FCCA and is trying to make the Board start following the law... instead of constantly breaking the law.

---------------------------------------------------------

-- MORE ILLEGAL ACTS BY YOUR BOARD (Re: Special Owner's Meeting Notice) --

Even after it has been legally pointed out to the Board and Manager in our counter-lawsuit, they are once again promoting the upcoming election of a "Treasurer" which is yet another direct violation of the by-laws. It has been pointed out many times in TFOI and in letters and now in court proceedings that the declarations and by-laws DO NOT ALLOW THE OWNERS TO VOTE for the Officers of FCCA (namely the President, Vice-President, Treasurer and Secretary). What the by-laws do clearly state is that the Owners vote for the Board Of Directors and then the Board Of Directors hold a meeting and vote on who is going to be President, Vice-President,
Treasurer and Secretary. This is one of the MANY by-laws and declarations that FCCA has been violating for MANY years. The way the current and past Boards have been doing things would be comparable to the United States holding an election for King, Queen and Prime Minister... when these titles are not allowed according to our Constitution and U.S. Law. FCCA has been
and is currently trying to hold elections like they were a State or the United States in allowing the owners to vote for the President, V-P, etc., BUT that is not how things are done in Corporate law and FCCA is a Corporation so the stock-holders (aka owners) vote for the Board of Directors and then the Board of Directors decide who is going to be the CEO, President, etc., of the Corporation. I hope this further explains to the current Board and Manager so they will start to understand the by-laws and rules that they so love to selectively enforce on others, while ignoring the by-laws when they pertain to them.

There are also many other inconsistencies where the letter talks about the Proxy being allowed in any May 14, 2009 vote but also will be used in the Annual Meeting, usually held in November, but then on the Proxy itself, it says "For the May 14, 2009 Special Owner's Meeting Only" so who knows what they are going to try to do with these proxies at the Annual Owner's Meeting... BUT WE WILL BE WATCHING!!!

-------------------------------------------------

-- INTRODUCING THE NEW "DID YOU KNOW?" COLUMN --

As mentioned above, I will start publishing a regular "Did You Know?" column where I will re-print an actual by-law, rule or declaration and then examine and explain it... usually it will be one of the MANY that the current and past Boards and Managers regularly violate.

Did you know.... that a past Board ILLEGALLY changed the by-laws in 2003/2004 when they got enough owner's proxies to vote on changing the section of the by-laws pertaining to what percentage of owner's votes are needed to make changes in the by-laws. Yeah, I know that's confusing. LOL

Let's look at the original language in the Declarations and By-laws and how the current and past Boards and Managers have regularly, repeatedly and ILLEGALLY violated the protections set up in the declarations and by-laws.

In the By-laws, Article VI, Section 3, NOTICE OF AMENDMENT OF DECLARATION OR BYLAWS states:

"The Board of Directors SHALL give notice to all Mortgagees seven (7) days prior to the date on which the Unit Owners, in accordance with the provisions of these Bylaws, materially amend the Condominium Instruments."

And Section 4. MORTGAGEES' APPROVALS states:

"Unless all Mortgagees SHALL have given their prior written approval, neither the Unit Owners Association shall:

"... (e) Materially amend the Declarations or the Bylaws, including, but not limited to any amendment which would change the Percentage Interests of the Unit Owners in the Project...."

And Section 5. OTHER RIGHTS OF MORTGAGEES states:

"All Mortgagees or their representatives SHALL be entitled to attend meetings of the Unit Owners Association and SHALL have the right to speak thereat. All such Mortgagees SHALL have the right to examine the books and records of the Condominium during normal business hours and to require the submission of annual audited financial reports and other budgetary
information within ninety (90) days following the end of any fiscal year. They SHALL also receive notice of all meetings of the Owners Association and be permitted to designate a representative to attend all such meetings."

NONE OF THESE SECTIONS OF THE BY-LAWS HAVE EVER BEEN FOLLOWED AS FAR AS ANY RECORDS THAT I HAVE SEEN IN THE PAST FIVE TO SIX YEARS.

There's a reason why this language was included in the Condominium Documents... to protect the owners and the Mortgage holders from a Board or Manager that decides to ignore, circumvent or outright break the law concerning the Declarations and By-laws.

In fact, in 2003, when Sultan Mirza, Fred Rapp and Ronnie Breath were the Board of Directors, they garnered enough proxy votes and other owners to MATERIALLY AND SUBSTANTIALLY CHANGE THE DECLARATIONS AND BY-LAWS by lowering the voting percentage needed to vote in any future changes to the Condominium Documents. There is a reason why the Louisiana Condominium Act and the original documents required a SUPER MAJORITY, not just a 50% plus one majority, to make any changes. This was to protect ALL of the owners, their mortgage companies, etc., from a runaway Board doing things that might be severely detrimental to the overall financial and corporate stability of the condominium association.

Considering the FACT that they DID NOT notify ALL of the mortgage companies of each and every Owner's Meeting for the past MANY years and further have held illegal votes to change the Declarations and/or By-laws without notifying the Mortgage companies and further that they have not had the annual audited financial reports prepared in the past MANY years, these past and current Boards and Managers may be seriously jeopardizing future owners at FCCA in their abilities to get a mortgage. If prospective buyers can't get mortgages, then the prospective sellers will not be able to sell their unit... or will only be able to do cash sales, meaning the property values will go down since there will not be as many qualified buyers available.

DO YOU REALLY WANT FOUNTAIN COURT TO GET SUED OVER AND OVER BY OWNERS AND MORTGAGE COMPANIES UNTIL YOU ALL ARE FORCED INTO BANKRUPTCY COURT BECAUSE SO MANY OF THE OWNERS JUST SIT BY WITH THEIR HEADS IN THE SAND IGNORING ALL OF THE ILLEGAL, UNETHICAL AND IMMORAL ACTS OF PAST AND CURRENT BOARDS AND MANAGERS????

This is just a fraction of an iota of the many more columns, "Did You Know?", that will be highlighting and exposing the MANY other illegal acts that past and current FCCA Boards have and are continuing to do!!! I just thought this one was suiting since the Board called this Special Owner's Meeting and FAILED to notify any of the Mortgage holders... in direct and repeated violation of the By-laws!!!

There is so much more to say and report on but until next time... let "The Fountain Of Information" flow!!!

Sincerely (and NOT anonymously),

Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742

TFOI - Sunday, May 3, 2009 - YOUR Board is trying to break the laws again!!!

2009-05-03T06:15:00.004-05:00

"The Fountain Of Information" - Sunday, May 3, 2009

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

-----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)

TFOI - Monday, April 27, 2009 - The Board ADMITS they have been acting unlawfully...

2009-04-27T11:37:00.004-05:00

"The Fountain Of Information" - Monday, April 27, 2009

(Please print this out and give a copy to your neighbors who may not be online)

HEADLINE - The Board ADMITS they have acting unlawfully and illegally!

In preparing our legal defense against the FCCA Board and Alcor's frivolous lawsuit against me, the editor of "The Fountain Of Information" and the unit owner where I live, I was re-reading the by-laws a couple of months ago and found a section dealing with "Rules & Regulations" and that section clearly stated that any rules and regulations dreamed up (ooops.. promulgated) by
the Board du jour had to be filed with the Jefferson Parish Clerk Of Court - Conveyance Office... but guess who did not follow the by-laws once again... that's right, YOUR Board and their choice of an overpaid manager/lawyer. Neither the Board, manager nor the attorney for FCCA bothered to follow the by-laws when amending the rules in 2006 or 2008 and have admitted to this by their actions taken in the past couple of weeks.

If you go to the "official" FCCA website, http://www.fountaincourtcondos.com/ and then click on the "General Rules And Regulations" link, you'll see four links on that page. They still have the 2005 Rules which were the last legally recorded rules, although even those rules have some serious deficiencies in them. They also have a link to the 2008 Rules "as corrected". If you click on that link, it will open a PDF file with the "as corrected" rules and you'll see that they corrected them on March 31, 2009 according to the title section but if you go to page 7 of the rules, you'll see that the illegally elected officers did not sign this "as corrected" document until April 8, 2009. I'm presuming that they have now recorded these "as corrected" rules, now that they've been shown how they have been acting unlawfully and illegally for the past couple of years.

If you've been the victim of one of their overzealous rules and/or fines in the past two years... or if you've just been unhappy or dissatisfied with how the Board does things around here, please come join us as co-plaintiff's (in reconvention) and you should win your money back for their illegal fines and rules. You will also be taking a stand to show this Board and any future Boards that they are elected by and should be representing the owners, not acting like a bunch of typical politicians who get into office and start trying to screw their electorate. If you have any other complaints against this current Board/Manager or past Boards/Managers, come and join us as co-plaintiffs so you can let them know that you will not take their mis-management, mid-deeds, illegal and unlawful activities any longer. Now is the time for you to be able to join in this lawsuit against the Board and the choices they make and it will cost you only a fraction of what it would cost you to pursue a lawsuit on your own.

Some of our long term goals with this lawsuit:

To have open monthly Board meetings where ALL owners will be notified of meetings so they can choose to attend and have the right to speak up at the meetings. Right now, only a select few owners are invited to the monthly/quarterly Board meetings, which the current Board calls "At-large Board Members", which is NOT even a legal designation according to the by-laws. This will ensure that any new rules that this Board or a future Board attempts to pass will have proper discussion and debate and will also make the rule more "legal" since past Boards have simply made up rules that are outright illegal.

To have monthly financial reports sent/emailed to ALL owners so they can see, at a glance, what is happening to the money in the company (FCCA) that they own.

To have the Board adopt a Homeowner's Bill Of Rights, so that each owner is equally and fairly protected from future Boards that might try and become overzealous or attempt to selectively enforce rules and/or harass owners/residents.

To notify owners of any plans for spending THEIR money ahead of time... instead of spending it without the owners even knowing anything about it... like in the case of the $10,000 to $15,000 security cameras that were installed and the overwhelming majority of owners did not even know this would be done until after it was already being installed. There was no major crime issues at Fountain Court, other than the occasional attempt to steal some quarters out of a washing machine or dryer. The only reported incident where the cameras came into play was when a vehicle in the rear parking lot was damaged by someone during a bad parking incident and the JPSO were called in. Unfortunately, due to the fact that one of the cameras mostly looks down on the current President's car, the images from the camera actually resulted in wrongfully accusing another resident of causing this damage but it was proven that this resident did not cause the damage and the owner/victim had to apologize to the person who was wrongfully accused. Of course, Alcor reported how GREAT the cameras were in identifying the hit-and-run vehicle (in their last Quarterly Newsletter from the Summer of 2008... maybe they should call it an Annual Newsletter???) BUT Alcor failed to report the FACT that they wrongfully accused someone of hit-and-run which could have resulted in a lawsuit against FCCA and the owner/victim who wrongfully accused this other resident of hit-and-run. Did any of the owners hear exactly how much was spent on the broken pumps, water lines, etc., that recently cost thousands... or possibly tens of thousands of dollars in total cost to FCCA? What about the details of the insurance monies and/or settlements from the Hurricane Gustav claim? What about when the Board changed the rules about how many rental units are allowed at FCCA? Many folks never returned after Katrina and are renting out their units. With a limit of only 12 Rental Units, this means that if there are 20 people wanting to rent out their units, 8 of them will have to stay empty. What's better for a neighborhood.... folks renting and living in a home or a bunch of vacant homes? Ask any realtor what happens to a neighborhood when there are a bunch of vacant homes in the neighborhood... vandalism, crime, decreasing property values, etc. While this limit on rental units might sound like a good idea, it could also mean that many more folks will put their units up for sale... and that means that property values will also come down because of basic supply-and-demand economics. The more units listed for sale, the lower the prices. If a couple of units sell for a lot less than what might be thought to be their market value, then those sales will be used by future appraisers to determine the property values for ALL other units... meaning these low-priced sales will cause ALL property values to come down... just the opposite effect of what the Board thought they were going to do by limiting rental units. This is what happens when there are a bunch of "Yes" people on the Board and when the owners are not allowed to question or debate any proposed changes in the rules before they are made up.

Frankly, in the six years that I've lived here, I've found that the overwhelming majority of the owners (unless you are in the "At-large" clique or have multiple sources like I do) never know what is going on around FCCA until after the fact, when it's too late for you to voice your concerns! This is another thing that we would like to see changed at Fountain Court!

Let us know any other concerns you have that you would like to see addressed IN OPEN by future Boards or discussed in "The Fountain Of Information" or on the NEW Fountain Court Bulletin Board (Yahoo Group).

Don't forget to sign up at the NEW Fountain Court online and interactive "Bulletin Board" at
http://groups.yahoo.com/group/Fountain_Court_Condos_Metairie_LA. This was started up by Suzie Halprin, owner of Unit 65. It's FREE and a simple way for owners/residents to learn what is going on and to communicate with other owners/residents. You can even choose to get emails of any posts made to the "Bulletin Board" so you can immediately know what is going on without
having to go to the website to see if anything new has been posted.

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

TFOI - Friday 4/24/2009 - More Details Of The Ongoing Lawsuit By And Against FCCA

2009-04-24T13:24:00.002-05:00

"The Fountain Of Information" - Friday, April, 24, 2009

More Details Of The Ongoing Lawsuit By And Against FCCA -

As many of you already know, Fountain Court Condominium Association, Inc.,has been selectively attempting to enforce rules and thereby harassing and attempting to intimidate one of the owners and also the editor of TFOI in their attempts to try and shut down "The Fountain Of Information". So far, the illegally elected Board and Officers have failed... but they have
succeeded in spending over $15,000.00 of YOUR money in trying to do these illegal, unethical and immoral acts... money that should be being spent on repairing the many leaking and/or deteriorating pipes, walls, roofs, etc. Further, the illegally elected Board and Officers have spent around $65,000.00 of YOUR money on management fees and legal fees and neither the current manager or lawyer bothered to read the By-laws to see that every thing they've been doing has been illegal and unlawful with respect to the By-laws.

They... rather YOU (as an owner of FCCA) have now been sued for their illegal activities and actions.

On Wednesday, April 22, 2009, the illegal Board and Manager met for one of their closed-to-the-owners Board Meetings... well closed to most of the owners, except for the owners who are in their little clique... the owners they have illegally identified as "At-large Board Members" on the official Fountain Court website. There is nothing in the by-laws that provide for the appointment and designation of "At-large Board Members"... another one of their illegal and unlawful actions.

Here is a summary (copy/paste) of the legal pleadings that have been filed by Suzanne and I. I will give a layman's explanation to some of these legal terms/phrases in (parentheses) after giving the summary first. This is all filed in the public record so there are no secrets being revealed here. It can all be verified if you choose to go look at the actual record.

24th Judicial District Court, Jefferson Parish, Louisiana - Case No. 642-934 "B"

EXCEPTION OF NO CAUSE AND/OR RIGHT OF ACTION, LACK OF PROCEDURAL CAPACITY, INSUFFICIENCY OF SERVICE AND CITATION AND RECONVENTIONAL DEMAND

The persons claiming to act on behalf of the FOUNTAIN COURT CONDOMINIUM ASSOCIATION herein have no right to act on behalf of that body, for the reason that they are not a properly, legally and/or contractually elected or constituted board of that Association; they were not elected or appointed in accordance with the by-laws and other Controlling Provisions of the FOUNTAIN COURT CONDOMINIUM ASSOCIATION (hereinafter FCCA).

(TFOI's explanation - The Board and Officers of FCCA have not been properly elected and are therefore NOT legal and have no authority to even file this lawsuit, make up rules, sign contracts with so-called managers, spend YOUR money illegally and unlawfully, etc.)

Specifically, the by-laws of the FCCA provide that the three board members shall be elected by the owners to serve in staggered three-year terms, such that one shall be elected each year, and that the board members shall then elect a president, vice-president, and secretary-treasurer. Instead, the present board members ran at the same time for election as president,
vice-president, and secretary-treasurer.

(TFOI's explanation - The past Boards and/or Managers and/or Attorneys simply did not read the by-laws which state EXACTLY how elections are supposed to be done and for at least the past five years for which I have records, they have been doing the elections illegally.)

Furthermore, upon information and belief, only approximately 15 of the 94 owners in Fountain Court Condominiums voted upon the election of the board members at the meeting of the FCCA in November 2008. The by-laws require and rules and regulations of the FCCA require that more than half of the owners must be present to form a quorum in order for there to be a valid election. Therefore, the present board members are not duly elected and do not have
authority to represent the FCCA, and have no right of action or procedural capacity herein.

(TFOI's explanation - When Sultan Mirza was the illegally elected President of FCCA, they held an election where Fred Rapp was elected as Vice-President, in 2003, and there were not a quorum of owners. In Chet Hingle's monthly management report, following that Annual Meeting, he reported that Sultan would be consulting with the attorneys to find out what should be done to bring the election into compliance with the By-laws but NOTHING was ever done. A copy of this report and other management reports showing other illegal election announcements and results are available from http://TheFountainOfInformation.blogspot.com)

The current board also purports to have four At-large members. No provision exists in the FCCA by-laws - which allow only for the President and other officers to appoint such officers as may be necessary - for such At-large members, who were appointed by the three elected board members/officers, showing again that the current board is not in any way properly constituted
and has no right of action herein.

(TFOI's explanation - These "At-Large Board Members" simply are owners that the current illegally elected Board have given these titles to so they can be invited to Board Meetings... while refusing to allow any other owners into the Monthly/Quarterly Board Meetings. Other owners have tried to sit in on these Board Meetings and were refused access even though the Board
Meeting was being held in the commonly owned recreation room.)

Additionally, Plaintiff seeks relief based upon supposed additions and amendments made to the FCCA Rules and Regulations in 2006 and 2008. However, the by-laws of the FCCA require that any amendments to the Rules and Regulations must, in order to become effective, be filed with the Recorder of Jefferson Parish. No amendments have been filed with the recorder since
August 8 of 2005. Therefore, Plaintiff has no cause of action as to any and all elements of its claim that depend upon rule changes that it alleges have been made since August 8, 2005.

(TFOI's explanation - That's right... all of the new rules passed in 2006 and 2008, including ALL of these stupid and outrageous fines they are trying to assess against certain owners, are ALL ILLEGAL RULES since none of them were recorded with the Clerk's Office in Jefferson Parish... which the By-laws clearly states they shall be recorded.... further, since the Board and Officers were illegally elected, this entire lawsuit is illegal and all of their actions for the past five years may well be illegal.)

Exception of Insufficiency of Citation and Service

Defendants further except to the First Amended Petition on the grounds that it was filed without obtaining leave of court as required by Article 1151 of the Louisiana Code of Civil Procedure, and that without leave of court the Amended Petition has no force or effect.

(TFOI's explanation - FCCA's attorney did not follow the law when he amended the original lawsuit. The law requires him to get a Court Order allowing him to amend the lawsuit first and he DID NOT do this simple act. Another WASTE OF YOUR money.)

Answer and Affirmative Defenses

Defendants adopt and re-iterate all arguments made in Defendant, Lenny Vasbinder's, original Answer filed April 23, 2007, except insofar as facts urged in that Answer have changed since that time.

Paragraphs 1 and 8 of the Amended Petition require no response from Defendants.

10.

The allegations of Paragraphs 2 and 3 of the Amended Petition are admitted.

11.

The allegations of Paragraph 4 are denied. Defendant Vasbinder is an occupant of unit 65 along with its owner; furthermore it would be impossible for him to live there as a tenant at the same time as the owner lives there, because the only lease approved by the FCCA contemplates leasing the entire unit from its owner; additionally no owner living at Fountain Court is
required to have a written lease with any occupant of his or her unit.

12.

The allegations of Paragraph 5 of the Amended Petition are denied. Additionally, Plaintiff's desire for Defendant Halprin to seal her windows ignores the fact that the leaks in her unit arise from defects in its roof and walls, which are the responsibility of FCCA to repair. No further
sealing of the window is required, nor would it have any effect.

13.

The allegations of Paragraphs 6, 7, 9, and 10 of the Amended Petition are denied.

14.

Now responding to the original Petition where as it was not modified by the Amended Petitioner, Defendant Halprin answers as follows: the allegations of Paragraph 2, 5 are admitted; the allegations of Paragraphs 7, 9, 10 and 11 are denied.

15.

Defendants furthermore deny that Plaintiff is entitled by any statute, contract or jurisprudence to an award of attorney's fees herein even if successful in all particulars.

Affirmative Defenses

16.

For their Affirmative Defenses, Defendants urge that Plaintiff has been selective, abusive and arbitrary in its interpretation and enforcement of the Controlling Provisions, so as to single out Defendants for any purported violations while ignoring similar or identical acts when committed by other owners, including the current President, Vice-President, and other members of the Board, showing that such purported violations are in fact no cause for filing this action. The Controlling Provisions should be interpreted in such a manner as Plaintiff applies them to all owners at Fountain Court, not merely as it applies them to Defendants.

17.

Furthermore, Defendants urge that any actual violations they have committed were long ago remedied and that their inclusion in this suit is frivolous.

18.

Defendants further urge that Plaintiff has failed to specify any irreparable damage it may be suffering and has therefore failed to supply the minimum necessary requirements for issuance of any injunction.

Reconventional Demand

(TFOI's explanation - This is the counter lawsuit against FCCA)

19.

Now appearing in the capacity of Plaintiff In Reconvention, Suzanne Halprin prays that she be granted relief in the form of specific performance and damages as set forth below.

20.

As an owner at Fountain Court, Suzanne Halprin is entitled to specific performance of the Controlling Provisions, which have contractual force between her and the FCCA. Therefore, Plaintiff In Reconvention requests that the FCCA be ordered to:

a) Provide a yearly independently audited financial statement as required by the by-laws and Controlling Provisions of the FCCA.

b) Hold an election with a quorum of votes from the owners at Fountain Court to elect a board as provided for in precisely the manner set forth within the by-laws and Controlling Provisions of the FCCA.

c) Dissolve the current board, which is improperly constituted and was improperly elected;

d) Return responsibility for managing all FCCA funds to the Treasurer of the board, because such responsibility has been delegated the management company hired by the FCCA, in violation of the by-laws and Controlling Provisions of the FCCA.

e) Enforce all by-laws, rules and regulations equally and impartially with respect to every owner, tenant and occupant at Fountain Court.

f) Repair Plaintiff In Reconvention's unit in accordance with the FCCA's responsibilities as set forth in the by-laws and Controlling Provisions of the FCCA, with particularity repairing the leaking roof above her unit, repairing all elements of her unit that have been damaged as a result of the leaking roof, and repairing the leaking wall, vapor barrier and other elements causing ongoing damage to her unit.

21.

In the alternative to Paragraph 20(f), Plaintiff In Reconvention requests that she be awarded a monetary sum equivalent in value to the specific performance requested in Paragraph 20(f) above.

22.

Plaintiff In Reconvention furthermore requests that she be awarded any and all attorney's fees incurred in this matter.

WHEREFORE, Leonard Vasbinder and Suzanne Halprin urge that the Fountain Court Condominium Association be cited and served with this Answer and Reconventional Demand, and that after due proceedings are had, Plaintiff's action be dismissed, with prejudice, at Plaintiff's cost; that all relief requested in the original and First Amended Petitions be denied; and that an order issue granting specific performance of all Controlling Provisions as
requested herein; and that they be awarded court costs, judicial interest, attorney's fees and all such damages as are warranted herein.

Respectfully submitted,
(END OF COPY/PASTE)

So... as you see, the many illegal, unlawful, unethical and immoral activities of the current illegally elected Board and Officers has been legally pointed out in Court filings now so they can no longer hide behind their own ignorance for their failing to read the by-laws. My understanding is that there will be at least a couple of more lawsuits filed against FCCA
in the very near future. Stay tuned for more information as it becomes available in the public record.

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