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Subject: Suing the HOA board
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Author Messages
TimB4
(Virginia)

Posts:17766


02/28/2013 8:18 AM  
Posted By MikeR15 on 01/06/2013 6:14 AM

If I prevail, like the Farrans, and drasticaly reduce the board's power and even hold them financially responsible on a personal level for their wrongdoing....everyone wins!




As an update. I'm not wanting to reopen discussions (as I think everyone has already said it all). I just wanted to provide an update and closure to the issue for future readers.

It appears that Mike was not successful.
The appeals court affirmed the judgement of the lower court.

Mike, I'm sorry it didn't work out for you.
Perhaps you will reconsider my advice and try to address your issues by making changes from within the Association.

Tim


Here is the info:
Initial HOAtalk thread that soon took over this thread.
DOCKET ENTRIES
MEMORANDUM AND ORDER

LarryB13
(Arizona)

Posts:4099


02/28/2013 8:35 AM  
Posted By TimB4 on 02/28/2013 8:18 AM

As an update. I'm not wanting to reopen discussions (as I think everyone has already said it all). I just wanted to provide an update and closure to the issue for future readers.

It appears that Mike was not successful.
The appeals court affirmed the judgement of the lower court.

Mike, I'm sorry it didn't work out for you.
Perhaps you will reconsider my advice and try to address your issues by making changes from within the Association.

Tim


Here is the info:
Initial HOAtalk thread that soon took over this thread.
DOCKET ENTRIES
MEMORANDUM AND ORDER





Those links provided very little information. It appears that the first appellate court upheld the judgment of the trial court without comment and the second appellate court cited only that the matter was dismissed as it had been previously ajudicated. This implies that the case had already been tried once before and a final judgment had been reached. The lawyers will tell you, "You only get one bite at the apple."

LarryB13
(Arizona)

Posts:4099


02/28/2013 8:43 AM  
It was the Appeals Court of Massachusetts that ruled:
"The plaintiffs appeal from a summary judgment that was granted in favor of the defendant. A Superior Court judge ruled that the plaintiffs' complaint was barred by the doctrine of res judicata, and therefore allowed the defendant's motion for summary judgment. We agree."

Res judicata is Latin and means "the thing has [alredy] been decided."
JohnC46
(South Carolina)

Posts:11507


02/28/2013 9:02 AM  
Resist saying anything....resist....

Good Boy
MelissaP1
(Alabama)

Posts:10521


02/28/2013 9:25 AM  
It sounds like he tried to appeal the previous decision he lost the first time around. He mentioned a previous case before. Unfortunately I believe Mike won't lick his wounds and move into the correct way of handling things. My bet is on another suit but reworded again...

Hopefully, he will learn to work with his HOA from the inside than the outside.

Former HOA President
JonD1


Posts:0


02/28/2013 11:38 AM  
John as I have suspected for some time you are a better man than I.

After all the yeras of rantings, after all the years of posting endlessly, after all the years of promising to himself, his wife (she put her name on this action too)and family just how he was going to defeat the HOA that spit of the Consitution, the tin pot dictators that make up his HOA, and stip them and ALL HOAs in Mass. of their authority to levy fines just like his heros the Farrahans in Va. did, how this was going to honor his Father's service in the Korean War, how his mail -in legal course was more than enough to educate him enough to take this matter to court successfully, how all Boards and every member serving on these Boards and every HOA was evil, and how he was going to use his bat to fight for truth and justice AND HOW EVERYONE ON THIS BOARD NOW KNEW LESS THAN HIM! In the end Mike never got his 15 minutes in the spotlight. The courts never heard testimony. The spEech that has run through his head for years will never be heard. His nearly dozen or so followers have been forced to see the truth. Reality. Mike is nothing more than a simpleminded windbag.

Now Tim I have to disagree I don't feel bad for Mike he brought this all on himself. I feel bad for his property, the BOArd who has had to work to defend their community from years of Mike's legal actions. What has this cost them in time and $$$$? How about the court time he has wasted on nonsense? This IS the third or fourth action he has brought and lost. I feel sorry for those who might have real legal matTers To be heard and the courts are clogged by stupidity such as Mike has pushed.

Yeah, Mike lost what a shock. His logic, facts, and thought process were all flawed. Surprise. He was going to tell the court what they would do. He was going to destroy the HOA and the Board and take their homes. Yes in La La Land it all worked out for Mike. Just not in the real world where most of us live.

It appears Mike has posted a video response to the recent court ruling.
Typical Mike in his mind it all seems to make sense....

http://www.youtube.com/watch?v=hnzHtm1jhL4
LarryB13
(Arizona)

Posts:4099


02/28/2013 1:51 PM  
Posted By JonD1 on 02/28/2013 11:38 AM
It appears Mike has posted a video response to the recent court ruling.

http://www.youtube.com/watch?v=hnzHtm1jhL4




Ho-ho, hi-hi, ha-ha.

TimB4
(Virginia)

Posts:17766


03/18/2013 5:07 AM  
Another update (something told me the issue wasn't over).

Per docket entries on the case, it appears that Mike has petitioned the court for a rehearing.

The site doesn't provide any more information than the fact that a petition was filed.

I'll give him this much. When Mike believes he is right he is willing to fight for that belief.




JonD1


Posts:0


03/18/2013 8:22 AM  
Posted By MikeR15 on 01/07/2013 3:52 AM
Yes I have direct proof...their own minutes...of their fraudulent manipulation of the ballot... when they changed the documents.

Do you have 30-40K dollars I can borrow to sue?

Because that is how much it costs.

No, I saved up a WHOLE bunch of good stuff to sue them with, including the fraud with our ballots....

It took years, and a very patient saving of their own documents before I pulled the trigger.

Now, like William Shakespere's Hamlet...they are "hoisted on their own petard".

I would advise anyone to do this. Use their own documents to hang them.

Our HOA attorney is such a lier that he tried to deny the existence of some documents...with his own letterhead and signiture on them.!

I don't think that is going to go over too well with the court, but we will see.

It is almost funny how abysmally ethlicless the people who get "involved", and the "service providers" they hire are in these HOAs.





Not surprising Mike is still unable to give up his crusade. Guess that mail order law degree he relies on gives him the ability to appeal. And all those "years" of waiting, planning and celebrating VICTORY all down the drain. Another anti-HOA zealot (in Mike's case he also bought a property in an HOA in Florida so he owns 2!) who reads what they wish to read, understands only what suits them, who sees themselves as fighting for what is right despite having little if any support, and all while claiming to walk on the high ground. Yes, it's all the HOA's fault, the Board's fault, the governments's fault, the posters on HOATalk fault, they are all to blame! If only they knew as much as Mike. Most properties have them. Windbags, PIAs, wooden nickel lawyers, right fighters. After a short time you are able to hear the same old stories about how things should be done, the great illegal behavior the Board has done, the need to keep things "legal" as if they have been appointed legal guardian of HOA behavior. All used to hide the agenda they live, having things done THEIR way. Even when on their own they can't accomplish zip.

I am sure Mike is mumbling to himself about how THIS time things will be different................
MelissaP1
(Alabama)

Posts:10521


03/18/2013 8:36 AM  
I already saw this coming. I knew it could not possibly be the end of his pursuit. Should change it to "Roscoe B. Coltrain on hot pursuit". LOL!

It's probably because they did not allow him to speak in the courtroom... That just would change everyone's mind if he had! His problem goes farther back than he even knows. He just refiled the same court papers his lawyer had that quit. That is where he set himself up for failure at the very beginning. That case had already been ruled upon. Double Jeopardy right there. If he had any glimmer of hope he tossed it right out the door with the money in his pocket by doing that. Lawyer 101 NEVER BE YOUR OWN LAWYER!!!

Former HOA President
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