As I understand it, we are in a pickle
There was an order of contempt granted on July 27, 2010. I attached it to this e-mail. It award a $1000.00 a day fine against the Association for failing to fix certain items that were found to be non-complaint with the American's with Disability Act. It has been 137 days since the order was entered and the fine continues to run. As of today the Association owes $137,000.00 and every day you add $1,000.00. Essentially the lawsuit was brought because the Hotel operation is open to the general public and the Court ordered that the Hotel unit owner and the Association fix it or pay the fine. No proof of fixing has ever been presented to the court. The court found that the association was in contempt because it has never attempted to comply with any of the Court's orders.
Here is a link to the court order text
As I further understand it, the Association filed a response after the fine was put in place essentially saying that it had no money could not do the repairs, and Rick said he never received the paperwork regarding the hearing. The Court did not believe Rick and found that it didn't matter that the association is claiming it’s broke. Also, the Court ordered that the building be closed to the general public until the repairs were made. The attorney for the other side is contemplating returning to court to close down the building to the general public and asking for the fine to be paid.
Has anyone caught wind of the terms for our new loan yet??
Posted by
Donald J McLoughlin
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Wow. That is disturbing news. An FYI - if the city deems that the violation is a health,safety & welfare issue, they have the right to close down the building until the violation is corrected. In our case, that could happen and the file would continue to run until the violation is corrected. Also a certifed letter is sent to the "Respondent" (us) with a return receipt to serve as proof that the Respondent was notified of the code enforcement board action. Even if the association did not accept the certified mail letter, which is highly likely, under the law that is considered legal notice by the local code enforcement department. I would certainly like to know how the upstairs penthouse nightclub and new restaurant were approved without this access. Someone in the city looking the other way????????
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