Tuesday, September 2, 2008

Litigation

I would like to know the status of the litigation that has held up completion of the windows and cost us so much in lawyers' fees. When are the delinquent unit owners going to be required to pay their fair share? Will they be responsible for the lawyers' fees we have incurred due to their recalcitrance?

Posted by Anonymous

4 comments:

  1. why is it that we are not using the services of an arbitrator rather than paying insane lawyers fees to begin with?

    ReplyDelete
  2. Dear Members of the Association at Ocean Manor. My name is Suzanne Weiss, and I am one of the attorneys representing several owners who are involved in a dispute with your Board of Directors. It is not their intent to create trouble at Ocean Manor. In fact, my clients are trying to stop the current Board from engaging in unauthorized activities. There has not been an audited financial statement prepared for your property for the entire time period that millions of dollars in insurance money, loan money and special assessments have been collected by the Board of Directors. There have been no answers provided for several issues regarding bank statements that have been given in discovery for this case. Without intervention this Board will continue to assess and fail to account for any of the money belonging to the Association. All of this is a matter of public record. This case is far from over regardless of what any Board member has told you. My clients will continue to fight to get information regarding the enormous amount of unaccounted for funds that have gone through the hands of the current Board. I consider my clients efforts to be valiant as they are willing to risk their money to stop the Board from continuing the unaccounted for spending of money followed by more and more special assessments. The Board on the other hand continues to use the Association’s funds, your funds, to fight efforts to get answers.



    A case in point, if you paid for your windows in full and that money was in fact given to General Bronze, then they would have no lien rights against your unit. However, General Bronze has filed a lien against the entire building. Lien rights only exist in properties (units) that were improved and those improvements remain unpaid. So there are no lien rights against any unit which has paid in full for windows as long as that payment made it to General Bronze. In addition, there was no improvement to my clients units as the windows were not put in. So there are no lien rights for those windows. The real question for the Board is what work does the lien cover and why wasn’t it paid for? Please remember that according to the Board there was an extra $1.5 million secured from the bank. Where is that money and why is not being used to satisfy the lien?



    There are many questions that my clients will continue to seek the answers for and it is their hope that their neighbors will thank them at some point. It is not their intention to get free windows but to protect everyone's investments and homes at Ocean Manor.



    Joseph D. Garrity &

    Suzanne Weiss

    Attorneys for Plaintiffs

    against OM - Board of Directors

    ReplyDelete
  3. I RESIDE HERE AT THE OCEAN MANOR AND WANT TO KNOW WHY SOME PEOPLE ARE PAYING ATTORNEY FEES AND SOME ARE NOT? I FEEL THAT EVERYONE SHOULD BE PAYING ATTORNEY FEES AND IF THEY ARE NOT THEY SHOULD NOT BE INCLUDED IN ANY PART OF THIS LAWSUIT. EVERYONE ON BOARD HAS GOT TO CONTRIBUTE TO THIS LAW SUIT IT IS ONLY FAIR THAT EVERYONE CHIPS IN!

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  4. I FEEL EVERYONE HAS TO PAY THEIR FAIR SHARE OR THEY SHOULD NOT BE PART OF THIS LAWSUIT, AM I RIGHT OR WRONG? YOU KNOW WHO YOU ARE IF YOU HAVE NOT PAID. SO COME ON GET ON THE RIGHT TRACK HERE.

    ReplyDelete