Preparing For Kangaroo Court...

Sorry about the lack of posting...

...but we've been working with our lawyer on our presentation at the kangaroo court tonight.
Since, despite repeated requests, the Twat has refused to provide any of the so-called "evidence" against us, we're taking a different tack for our defense, including a witness to events on one of the two days in their list of allegations.

Property Manager Brings In Expensive Lawer in Attempt to Frighten Us

It's been a busy period, but since the Board trolls this blog, we couldn't post info without revealing our plans to combat their immoral, unethical, and most likely, illegal, activities.
After the last post, the Property Manager apparently freaked out, realizing her lack of legal knowledge resulted in numerous, legally-questionable, mistakes in her threats and, instead of using the Board's normal lawyer for such matters, decided to try to frighten us by bringing in a lawyer who charges three times her usual guy's rates.
(The reason for this is that legal expenses incurred by the Board in such matters are billed back to the Unit Owner.
This is usually done in matters involving late assessments, and, as such, is a logical move against delinquent Unit Owners.
But, in this case, it's used as an unethical and immoral weapon against a Unit Owner who, unlike the Board members bringing allegations against the Unit Owner's resident, has NEVER missed an assessment payment.
The fact that the Inept Property Manager deliberately went with a lawyer who charges three times the rate her normal lawyer charges is proof of that.)

A week later, we received a letter from the Expensive Lawyer that read like it was written by a first-year law student after an all-nighter fueled by Classic Coke and Double-Stuff Oreos!
It first admits the numerous mistakes of the previous threats and then issues more threats, including a further, apparently-illegal threat.

...the Board of Directors is hereby holding a fine hearing for violations referenced in the Notices on December 18, 2013 @6:45 pm in the (usual location over a mile from the condo) and intends to levy a fine for no less than $500 for past violations and assess legal fees and costs incurred to date to enforce the Declararion against Unit for the above-referenced violations...You are granted an opportunity to be heard regarding the Notice of Violation.
If you fail to appear at the fine hearing, a fine shall be levied against your Unit in your absence and shall be a lien against your Unit.

If you're legally sharp, you catch the underlying legal problem with the threat.
I'm not revealing it now, because I'm saving it for the hearing, where I'll sandbag them...
More on Monday, and all through the week, including info about the kangaroo court.

When Boards and Their Servants Don't Follow the Law...

On August 5th, we received the following communication...

It has been brought to my attention that your tenant and husband, B continues to be a nuisance at the building.
It has been reported that B is opening the '58 basement windows.
Per the Association's Rules & Regulations, which state in part,
NUISANCES
No noxious or offensive activity shall be carried on in any unit or in the common elements shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the other unit owners or occupants.
Please instruct your tenant to desist this behavior immediately.
The Board of Directors has levied a $50 fine and will continue to levy fines until the behavior stops.
The next fine will be $100.

Beyond the three blatant violations of the state's Condominium Property Code documented in that statement (Including the fact that any such action had to be voted upon in an open part of the meeting preceeding the issuing of the fine...which it was not. Both M and I were at the meeting, as documented HERE), the idea that opening a 18-inch by 9-inch vent window of an un-air conditioned basement laundry room by anyone on a hot summer day while doing laundry "may be or become an annoyance or nuisance to the other unit owners or occupants." defies any standards of reasonableness or intelligence...but it is a great way to generate a bit of quick cash for the cash-strapped Condo Board.
Open a window (which anybody can do), say "B did it", and bill for $100!
KA-CHING!
BTW, I'm not a "tenant" (who pays rent), but a "family member/resident" of the unit which M owns.
But then, you can't expect a totally-inept property manager to get little details like that right.

In order to avoid the Board claiming we were in arrears and adding a late fee, we paid the fine with a money order noting "without prejudice" and "under protest" and enclosed a note...

Enclosed are the payments for…
the monthly assessment.
the lawyer's fee for the real estate taxes.
the fee for the so-called "violation" to avoid further misuse by you of the authority of Property Manager.
Note that because you, property manager, violated (ironically) Section 18.4(l) of the Condominium Property Act, we have reported this matter, using your own documentation, to the appropriate agencies (all four of them) and reserve our right to challenge this egrigious and flagrant violation of the Act.

...and sent the payment Priority Mail with Delivery Confirmation, as we always do.
This proved to be a life-saver when, several years ago, the Board's servant tried to hit us up for a late fee and we proved payment was received by her in a timely fashion.
She was forced to retract the fee and apologize.

Yesterday, M received an e-mail at her work e-mail addy (which the Board's servant had been specifically-forbidden to use)...

I am in receipt of your note that was mailed along with the monthly assessment payment, real estate tax appeal payment and the money order for the fine imposed based on B’s violations of the Rules & Regulations previously reported on July 29, 2013 and August 5, 2013.
The Board of Directors has levied a $50 fine which was posted on your account and subsequently paid. 

Per your request, the Board welcomes you to attend the next scheduled Board of Director’s meeting to discuss this behavior and the fee imposed.

The next meeting is scheduled for Wednesday, December 18, 2013 at 7:00 p.m. at the (location over a mile from the condo).

M forwarded it to me for response, which I did with a vengeance...

As pointed out, since you, Board's servant, violated Section 18.4(l) of the Condominium Property Act, we reported this matter, using your own documentation, to the appropriate agencies (all four of them) and reserve our right to challenge this egrigious and flagrant violation of the Act.

You are assuming it would be at a Board meeting (which, by law, you were supposed to offer us the opportunity to speak at before imposing the fine).

Had you followed the law, you would not be in the position you are in now.

As it is, you failed miserably to do your job and will be held accountable.

We are passing on this after-the-fact attempt to cover-up your failure to the same authorities.
In addition, you were previously specifically-instructed not to contact M at her place of employment due to the time, concentration, and labor-intensive nature of her work.

All commmunications were to go through me, just as you wanted all contact with the Board to go through you.

You failed to follow those instructions.

Arbitrarily-disregarding clearly-established instructions and protocols (both by law and mutual agreement) is not proper behavior for a licensed property manager and is being reported as another, separate, case to the authorities, again, using your own documentation and documentation indicating your failure to follow both the Code and mutually-agreed instructions.

(We archive everything between the Board, property manager, and ourselves.)

Note: the Board is included in this correspondence since you included them.

I would not have included them otherwise.

I follow the rules, even if you don't, servant.

I am not the one without honor in this matter.

Any further attempt to contact M at her place of employment will be considered harrassment and reported to the authorities as yet another, seperate, case.

And that's where it stands.

If the Board's inept servant responds, we'll post it here.

As always, the un-expurgated versions of correspondence can be found at our subscription-only blog.

If you're not already a member, just send a request to claremontwhistlebloweratgmailpants.com, substitute "@" for "at" and take off "pants".

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What if the Inept Property Manager Arranged for Repairs...and DIDN'T Tell Anyone?

To show you how incompetent our Property Manager is...
This past Monday (August 26th), without warning, workmen showed up and started moving peoples' property off the back porches.
When asked, they told us they were there to "power-blast" the porches clean.
A little odd, but, considering the Manager and Board's propensity for non-communication (we haven't had Minutes for the Board meetings for over a year), not suprising.
The workmen did their job, then left.
People started putting their stuff back on the porches.
Yesterday (August 28th) morning, the workmen returned (again, without warning) and started applying protective varnisn/stain to the wood porches.
Around noon, signs finally appeared in the lobbies, stating...

The Decks will be

cleaned and stained beginning on

Monday, August 26, 2013

Weather permitting the project

should take 4 days to complete

Please remove all personal belongings

prior to Monday

The decks cannot be used until

Friday, August 30, 2013

Thank you in advance for your cooperation

It's hard to "cooperate" on Sunday/Monday when you don't receive notice until Wednesday, but logic has never been our property manager's strong suit...

What the Board Won't Tell You...

Lots of info, gossip, etc., about the Board meeting and the doings of the Board and their servant as well as news about M and me leaving Claremont, on our private blog.

Subscribers just go and log in.

If you want to be one of the unit owners and interested parties who do subscribe, just send an e-mail to "claremontwhistlebloweratgmailpants.com", substitute "@" for "at" and take off "pants".
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Board Violates the Law...AGAIN!

Sometime between 7pm last night and 7am this morning, a notice was finally posted in the lobbies of the buildings about tonight's 7pm Board meeting...though the law requires it be posted at least 48 hours before!
Another example of the Twit and the Twat failing in their responsibilities.
Watch for our summary of the meeting on Thursday.
The preparations made back in March are still in place, so it'll be interesting to see how the Board's minutes (If any. We haven't had minutes mailed to unit owners in over a year) will compare with "real life"...

Board Meeting Scheduled for Tomorrow...or IS IT?

With the last (late as usual) assessment bill, there was a flyer for a Board Meeting on August 14th at the usual distant-from-the-condo location.
However, as of 7am this morning, only 36 hours before the scheduled meeting, there are no flyers in either building lobby...as required by law!
(Notice is supposed to be posted in a "public place" no less than 48 hours before a meeting.)
Has the meeting been cancelled?
Is the Board planning to have it in secret?
What machinations are the Board and their servant planning?
(Note: There have been no Board Meeting minutes issued in over a year, not since the "Security Camera Debacle" detailed HERE.)
We'll be there, one way or another, so be here on Thursday for a follow-up.

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