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Subject: Suing Board members, Not the HOA Board
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Author Messages
JonD1


Posts:0


07/31/2015 9:29 AM  
Posted By LarryB13 on 07/31/2015 8:07 AM
Posted By WalterM3 on 07/31/2015 6:52 AM
It was corrupt to ignore the clear requirements of the Bylaws to document the expenditure of the Association's funds. That you do not see that as corrupt is indicative of your attitude towards trying to get a Board to follow the rules.


Having had far more experience in this field than you do, I see the expense for the attorney as not only normal and necessary to the operation of the corporation, but it was also required by your CC&R's. The absolute worst-case argument one could make was that it was sloppy record-keeping. Last time I looked, sloppy record-keeping is not a crime. (The sloppy-bookkeeping argument is based upon an assumption that the facts you reported here are true and you have given us all serious reason to doubt your interpretation of facts.)

Which brings up a question: If spending money for an attorney is "corrupt," then why did you not report this to the local police?

Your failure to file a police report indicates that you yourself do not believe that the board members acted "corruptly" and that your sole purpose in pursuing your frivolous lawsuit is to harass the lawfully elected board members to prevent them from performing the lawful duties of their offices.

I am sure glad that you are not my neighbor.





Larry, while I admire your efforts to explain the obvious to Walter at this point that seems to be a lost cause.
Walter was warned repeatedly his complaint was doubtful and more importantly counter productive.

But when you come to the point in your life where you are the self appointed enforcer of HOA rules and regulations despite no one asking you to do so, clear vision and clear hearing and comprehension are sacrificed.

Walter has a point to prove. Walter NEEDS to be proven right. Walter is a RIGHT fighter. his way or else.

Now the court has ruled. In Walter's view that was wrong. His complaint was dismissed. Walter could not even manage to file it properly. Despite running up a tab of $50 whole dollars in lega advice. Now Walter clings to the false belief ( and we are asked to see it as so) that being dismissed without prejudice was in fact some accomplishment. That is simply nonsense.

After all the effort and time submitting his papers. After all his arrogant attempts to school some of us as to how much HE knew. Walter was thumped. His complaint was dismissed on its face. The facts were never even considered.

Now Walter demands records from the board and seems quite capable of cutting and pasting the contents of his demand letters to this site but could not muster the same capabilities when asked to,provide the response to his complaint from the HOA lawyer. Why? Because my guess it made Walter look like the uninformed fool that he is.

But Walter carries on. Unable to accept his efforts that he was so sure of failed miserably. Now he hides behind the comments of his neighbors who Walter suggests praise his efforts as game changing. The same neighbors for which he has no use!

The last hiding place for a fraud. To hide behind the claim you served your community when nothing could be further from the truth.
Walter as I suggested some time ago is delusional. His idea of what constitutes corruption and malfeasance are his own. His self taught understanding of the law is clearly useless despite much bravado. His ability to even understand his efforts have failed at every level is missing.
All he succeeded in doing was costing his HOA. To prove just how wrong HE was.

I agree glad to know Walter is not my neighbor. I feel sorry for the community that has to put up with such a limited individual.
Walter came here to boast about his efforts. In the end when those efforts clearly failed he is incapable of even seeing that.
How do you come to terms which such a person. I got by brains kicked in but if you look closely I really won. Sure he did....... Delusional...
WalterM3
(Georgia)

Posts:371


07/31/2015 10:04 AM  
Posted By JonD1 on 07/31/2015 9:29 AM
Posted By LarryB13 on 07/31/2015 8:07 AM
Posted By WalterM3 on 07/31/2015 6:52 AM
It was corrupt to ignore the clear requirements of the Bylaws to document the expenditure of the Association's funds. That you do not see that as corrupt is indicative of your attitude towards trying to get a Board to follow the rules.


Having had far more experience in this field than you do, I see the expense for the attorney as not only normal and necessary to the operation of the corporation, but it was also required by your CC&R's. The absolute worst-case argument one could make was that it was sloppy record-keeping. Last time I looked, sloppy record-keeping is not a crime. (The sloppy-bookkeeping argument is based upon an assumption that the facts you reported here are true and you have given us all serious reason to doubt your interpretation of facts.)

Which brings up a question: If spending money for an attorney is "corrupt," then why did you not report this to the local police?

Your failure to file a police report indicates that you yourself do not believe that the board members acted "corruptly" and that your sole purpose in pursuing your frivolous lawsuit is to harass the lawfully elected board members to prevent them from performing the lawful duties of their offices.

I am sure glad that you are not my neighbor.





Larry, while I admire your efforts to explain the obvious to Walter at this point that seems to be a lost cause.
Walter was warned repeatedly his complaint was doubtful and more importantly counter productive.

But when you come to the point in your life where you are the self appointed enforcer of HOA rules and regulations despite no one asking you to do so, clear vision and clear hearing and comprehension are sacrificed.

Walter has a point to prove. Walter NEEDS to be proven right. Walter is a RIGHT fighter. his way or else.

Now the court has ruled. In Walter's view that was wrong. His complaint was dismissed. Walter could not even manage to file it properly. Despite running up a tab of $50 whole dollars in lega advice. Now Walter clings to the false belief ( and we are asked to see it as so) that being dismissed without prejudice was in fact some accomplishment. That is simply nonsense.

After all the effort and time submitting his papers. After all his arrogant attempts to school some of us as to how much HE knew. Walter was thumped. His complaint was dismissed on its face. The facts were never even considered.

Now Walter demands records from the board and seems quite capable of cutting and pasting the contents of his demand letters to this site but could not muster the same capabilities when asked to,provide the response to his complaint from the HOA lawyer. Why? Because my guess it made Walter look like the uninformed fool that he is.

But Walter carries on. Unable to accept his efforts that he was so sure of failed miserably. Now he hides behind the comments of his neighbors who Walter suggests praise his efforts as game changing. The same neighbors for which he has no use!

The last hiding place for a fraud. To hide behind the claim you served your community when nothing could be further from the truth.
Walter as I suggested some time ago is delusional. His idea of what constitutes corruption and malfeasance are his own. His self taught understanding of the law is clearly useless despite much bravado. His ability to even understand his efforts have failed at every level is missing.
All he succeeded in doing was costing his HOA. To prove just how wrong HE was.

I agree glad to know Walter is not my neighbor. I feel sorry for the community that has to put up with such a limited individual.
Walter came here to boast about his efforts. In the end when those efforts clearly failed he is incapable of even seeing that.
How do you come to terms which such a person. I got by brains kicked in but if you look closely I really won. Sure he did....... Delusional...




You are making me smile here.

If the case had been dismissed with prejudice, you might have a point, as it is, you do not.


Walt
WalterM3
(Georgia)

Posts:371


07/31/2015 10:08 AM  
Posted By LarryB13 on 07/31/2015 8:07 AM
Posted By WalterM3 on 07/31/2015 6:52 AM
It was corrupt to ignore the clear requirements of the Bylaws to document the expenditure of the Association's funds. That you do not see that as corrupt is indicative of your attitude towards trying to get a Board to follow the rules.


Having had far more experience in this field than you do, I see the expense for the attorney as not only normal and necessary to the operation of the corporation, but it was also required by your CC&R's. The absolute worst-case argument one could make was that it was sloppy record-keeping. Last time I looked, sloppy record-keeping is not a crime. (The sloppy-bookkeeping argument is based upon an assumption that the facts you reported here are true and you have given us all serious reason to doubt your interpretation of facts.)

Which brings up a question: If spending money for an attorney is "corrupt," then why did you not report this to the local police?

Your failure to file a police report indicates that you yourself do not believe that the board members acted "corruptly" and that your sole purpose in pursuing your frivolous lawsuit is to harass the lawfully elected board members to prevent them from performing the lawful duties of their offices.

I am sure glad that you are not my neighbor.




It was corrupt not to keep records required by law. That is -not- a criminal offense. It was -arrogant- and wasteful to use the HOA attorney to escape culpability.

The members of the association have a right to know how their money is spent.

Walt
JonD1


Posts:0


07/31/2015 10:14 AM  
Posted By WalterM3 on 07/31/2015 10:04 AM
Posted By JonD1 on 07/31/2015 9:29 AM
Posted By LarryB13 on 07/31/2015 8:07 AM
Posted By WalterM3 on 07/31/2015 6:52 AM
It was corrupt to ignore the clear requirements of the Bylaws to document the expenditure of the Association's funds. That you do not see that as corrupt is indicative of your attitude towards trying to get a Board to follow the rules.


Having had far more experience in this field than you do, I see the expense for the attorney as not only normal and necessary to the operation of the corporation, but it was also required by your CC&R's. The absolute worst-case argument one could make was that it was sloppy record-keeping. Last time I looked, sloppy record-keeping is not a crime. (The sloppy-bookkeeping argument is based upon an assumption that the facts you reported here are true and you have given us all serious reason to doubt your interpretation of facts.)

Which brings up a question: If spending money for an attorney is "corrupt," then why did you not report this to the local police?

Your failure to file a police report indicates that you yourself do not believe that the board members acted "corruptly" and that your sole purpose in pursuing your frivolous lawsuit is to harass the lawfully elected board members to prevent them from performing the lawful duties of their offices.

I am sure glad that you are not my neighbor.





Larry, while I admire your efforts to explain the obvious to Walter at this point that seems to be a lost cause.
Walter was warned repeatedly his complaint was doubtful and more importantly counter productive.

But when you come to the point in your life where you are the self appointed enforcer of HOA rules and regulations despite no one asking you to do so, clear vision and clear hearing and comprehension are sacrificed.

Walter has a point to prove. Walter NEEDS to be proven right. Walter is a RIGHT fighter. his way or else.

Now the court has ruled. In Walter's view that was wrong. His complaint was dismissed. Walter could not even manage to file it properly. Despite running up a tab of $50 whole dollars in lega advice. Now Walter clings to the false belief ( and we are asked to see it as so) that being dismissed without prejudice was in fact some accomplishment. That is simply nonsense.

After all the effort and time submitting his papers. After all his arrogant attempts to school some of us as to how much HE knew. Walter was thumped. His complaint was dismissed on its face. The facts were never even considered.

Now Walter demands records from the board and seems quite capable of cutting and pasting the contents of his demand letters to this site but could not muster the same capabilities when asked to,provide the response to his complaint from the HOA lawyer. Why? Because my guess it made Walter look like the uninformed fool that he is.

But Walter carries on. Unable to accept his efforts that he was so sure of failed miserably. Now he hides behind the comments of his neighbors who Walter suggests praise his efforts as game changing. The same neighbors for which he has no use!

The last hiding place for a fraud. To hide behind the claim you served your community when nothing could be further from the truth.
Walter as I suggested some time ago is delusional. His idea of what constitutes corruption and malfeasance are his own. His self taught understanding of the law is clearly useless despite much bravado. His ability to even understand his efforts have failed at every level is missing.
All he succeeded in doing was costing his HOA. To prove just how wrong HE was.

I agree glad to know Walter is not my neighbor. I feel sorry for the community that has to put up with such a limited individual.
Walter came here to boast about his efforts. In the end when those efforts clearly failed he is incapable of even seeing that.
How do you come to terms which such a person. I got by brains kicked in but if you look closely I really won. Sure he did....... Delusional...




You are making me smile here.

If the case had been dismissed with prejudice, you might have a point, as it is, you do not.


Walt




Walter it is quite clear you don't even understand the difference.
Guess when you are willing to put up just $50 for legal advice that might come back to haunt you.
How do you think your $50 lawyer served you now? Money well spent no doubt.
JonD1


Posts:0


07/31/2015 10:19 AM  
Posted By WalterM3 on 07/31/2015 10:08 AM
Posted By LarryB13 on 07/31/2015 8:07 AM
Posted By WalterM3 on 07/31/2015 6:52 AM
It was corrupt to ignore the clear requirements of the Bylaws to document the expenditure of the Association's funds. That you do not see that as corrupt is indicative of your attitude towards trying to get a Board to follow the rules.


Having had far more experience in this field than you do, I see the expense for the attorney as not only normal and necessary to the operation of the corporation, but it was also required by your CC&R's. The absolute worst-case argument one could make was that it was sloppy record-keeping. Last time I looked, sloppy record-keeping is not a crime. (The sloppy-bookkeeping argument is based upon an assumption that the facts you reported here are true and you have given us all serious reason to doubt your interpretation of facts.)

Which brings up a question: If spending money for an attorney is "corrupt," then why did you not report this to the local police?

Your failure to file a police report indicates that you yourself do not believe that the board members acted "corruptly" and that your sole purpose in pursuing your frivolous lawsuit is to harass the lawfully elected board members to prevent them from performing the lawful duties of their offices.

I am sure glad that you are not my neighbor.




It was corrupt not to keep records required by law. That is -not- a criminal offense. It was -arrogant- and wasteful to use the HOA attorney to escape culpability.

The members of the association have a right to know how their money is spent.

Walt




Now Walter hiding behind the claim you somehow did this for the members of the association! Now that's priceless BS.
As you stated you did this for you. But now that you efforts failed you are trying to sell this as some benevolent on your part protecting the rights of The members.

That's laughable. Walter fell on his sword for the association. Walter fought to protect the members. Walter do you think anyone really is swallowing that load of horse crap? Not me.......

Any takers for the story Walter is selling?
JonD1


Posts:0


07/31/2015 10:42 AM  
Posted By WalterM3 on 06/26/2015 7:46 AM
"Rather you have contempt because they might not follow YOUR direction. So the idea of your protecting the HOA is pure BS."

I never said I was protecting the HOA. I am doing this strictly for my own interest.

As in many HOA’s the residents scatter like sheep when there is an upset.

As for my chances of winning; obviously I think they are pretty good. Every case has two sides. If I don’t have a winning case – that is up to the judge.

Did I say that the defendants Motion to Dismiss is based only on my not having standing to sue? Well, that only would apply in a court where the Georgia Civil Practice Act is in force. It doesn’t apply in Magistrate court. I don’t think the court will allow that dodge. In their answers, they don’t even pretend that they followed the Bylaws and statutes: ‘[defendant] denies that funds were not disbursed in accordance with the rules and pattern of practice of the … Homeowners Association.”

What on earth does that mean?


If I were to lose, the HOA will still bear the costs of deploying the attorney. People are pretty pusillanimous, but when it comes to a secret ballot, they won’t vote for people who wasted their money to try and get out of their disreputable acts by using other people’s money.




Walt




So as Walter clearly stated above he was acting "strictly for my own interests".

Now after the fact Walter would like us to believe he acted in service to his fellow association members.

Can the load of crap Walter claims get any deeper?
NpS
(Pennsylvania)

Posts:4216


07/31/2015 10:55 AM  
BobD
Can you recover legal fees in CAN as easily as in the states? Or is your system more like England where both sides pay their own way?

Sikubali jukumu. Read all posts at your own risk.
JonD1


Posts:0


07/31/2015 10:59 AM  
Posted By WalterM3 on 07/21/2015 11:17 AM
Posted By MelissaP1 on 07/21/2015 10:32 AM
Why is it that we board members or ex-board members are supposed to "fear" people like you? Really? Your feeding your ego that much? Stop putting your insecurities on others... I have no dog in this hunt. What I do have? Common sense. Something you seem desperately to lack. Which is putting your neighbors at high risk of being sued for something they want no part of. If they did, you'd have yourself enough people to kick the board out or change the rules. The RIGHT way of doing what you want done...

So keep blaming the board for all your ills and bills while you run both of them up... Because they aren't doing anything but their job. Protecting the HOA from being sued and paying out money of the owner's pockets... Something you seem too blind to see.




You should 'fear' people like me because I have no problem with showing up corrupt Board members.

Walt




Guess some of us can now put aside the "fear" we have been living under since Walter announced his complaint.

For Walter to believe his antics cause "fear" shows a clear break from reality.

Going back through this entire thread the arrogance, stubbornness, know it all attitude Walter showed now countered by the fact this court dimissed his complaint without even considering the details and claims contained in the complaint. Sort of shows pretty clearly Walter was wrong on all counts.
Best laid plans of mice and men. Walter could have been a contender till the judge lowered the boom and sent him on his way.

But wait Walter plans to demand more paperwork to prove just how "right" he thought he was......... Walter had it all figured out till he got to court.

What a sad waste of time, money and effort to answer Walter's nonsense.
PitA


Posts:0


07/31/2015 2:45 PM  
Can the load of crap Walter claims get any deeper?


Of course it can.

Deep enough to drown us all.

Long live the windmills ... of my mind ...
JohnC46
(South Carolina)

Posts:11638


07/31/2015 3:05 PM  
Posted By JonD1 on 07/31/2015 10:59 AM
Posted By WalterM3 on 07/21/2015 11:17 AM
Posted By MelissaP1 on 07/21/2015 10:32 AM
Why is it that we board members or ex-board members are supposed to "fear" people like you? Really? Your feeding your ego that much? Stop putting your insecurities on others... I have no dog in this hunt. What I do have? Common sense. Something you seem desperately to lack. Which is putting your neighbors at high risk of being sued for something they want no part of. If they did, you'd have yourself enough people to kick the board out or change the rules. The RIGHT way of doing what you want done...

So keep blaming the board for all your ills and bills while you run both of them up... Because they aren't doing anything but their job. Protecting the HOA from being sued and paying out money of the owner's pockets... Something you seem too blind to see.




You should 'fear' people like me because I have no problem with showing up corrupt Board members.

Walt




Guess some of us can now put aside the "fear" we have been living under since Walter announced his complaint.

For Walter to believe his antics cause "fear" shows a clear break from reality.

Going back through this entire thread the arrogance, stubbornness, know it all attitude Walter showed now countered by the fact this court dimissed his complaint without even considering the details and claims contained in the complaint. Sort of shows pretty clearly Walter was wrong on all counts.
Best laid plans of mice and men. Walter could have been a contender till the judge lowered the boom and sent him on his way.

But wait Walter plans to demand more paperwork to prove just how "right" he thought he was......... Walter had it all figured out till he got to court.

What a sad waste of time, money and effort to answer Walter's nonsense.




Well said.

MelissaP1
(Alabama)

Posts:10576


07/31/2015 3:06 PM  
Has anyone else noticed the irony to the title of this post? He was suing the board members individually and not the HOA board. However, that is EXACTLY how he lost his case? Something I believe we told him from the very beginning he was filing the WRONG case and was going to be tossed out. So now he has no choice BUT to sue his HOA board and NOT the members individually... Seems someone can't even live up to their own title...

Oh and it's Board members giving him advice on how to properly sue his HOA or Board and we are "Scared"? Funny... We warned him several times this was going to fail and what the results would be. It's almost like many of us have been there or know by experience... But no we should continue to live in fear of people like Walt taking over...

Former HOA President
JohnC46
(South Carolina)

Posts:11638


07/31/2015 3:12 PM  
Walter has not and will not listen. He is on his own mission.
WalterM3
(Georgia)

Posts:371


07/31/2015 3:24 PM  

Some of you guys have got this up your butts pretty good. You now have a lot more invested in it than I do.

Belying the points you make is the fact that the case was dismissed without prejudice.

It wasn't that far off the mark.

The Board of Directors disbursed Association funds without keeping the records required by law. That has not been disputed and they seem much cowed.

Walt
MelissaP1
(Alabama)

Posts:10576


07/31/2015 3:32 PM  
EXACTLY OUR POINT WALTER... It was dismissed without PREJUDICE because you filed the WRONG lawsuit against the WRONG parties. The judge said you can NOT sue the board members individually. You have to bring your lawsuit against the board as a WHOLE. So you can sue again but not against the individual board members as we have stated before again and again and again.... so on and so forth...

Former HOA President
WalterM3
(Georgia)

Posts:371


07/31/2015 3:54 PM  
Posted By MelissaP1 on 07/31/2015 3:32 PM
EXACTLY OUR POINT WALTER... It was dismissed without PREJUDICE because you filed the WRONG lawsuit against the WRONG parties. The judge said you can NOT sue the board members individually. You have to bring your lawsuit against the board as a WHOLE. So you can sue again but not against the individual board members as we have stated before again and again and again.... so on and so forth...




You can't make common words assume meanings they don't have.

"When a lawsuit is dismissed, the court may enter a judgment against the plaintiff with or without prejudice. When a lawsuit is dismissed without prejudice, it signifies that none of the rights or privileges of the individual involved are considered to be lost or waived. The same holds true when an admission is made or when a motion is denied without prejudice.

The inclusion of the term without prejudice in a judgment of dismissal ordinarily indicates the absence of a decision on the merits and leaves the parties free to litigate the matter in a subsequent action, as though the dismissed action had not been started. Therefore, a dismissal without prejudice makes it unnecessary for the court in which the subsequent action is brought to determine whether that action is based on the same cause as the original action, or whether the identical parties are involved in the two actions."

http://legal-dictionary.thefreedictionary.com/without+prejudice

Right now it is the former defendants who are wondering -- what next?

Walt
WalterM3
(Georgia)

Posts:371


07/31/2015 3:58 PM  
"A court may also enter judgment with prejudice, however. This signifies that the court has made an adjudication on the merits of the case and a final disposition, barring the plaintiff from bringing a new lawsuit based on the same subject. If a new lawsuit is brought, a defendant can properly invoke res judicata as a defense, because a court will not relitigate a matter that has been fully heard before. Often a court will enter a judgment with prejudice if the plaintiff has shown bad faith, misled the court, or persisted in filing frivolous lawsuits."

I did not lose anything really. It was actually pretty good work for a lay person.

Me insisting that the Board members follow the clearly laid out rules has really gotten under the skin of some of you.

Why is that?


Walt
MelissaP1
(Alabama)

Posts:10576


07/31/2015 4:14 PM  
Not under our skin at all. Confused on your lawsuit now. Seems originally it was about a board member usingHOA money for a lawsuit defense. Now it is the HOA did not follow the rukes that they had changed to adhere to. Which one is it now? The one makes you sound better?

My HOA followed the rules and I brought a copy of the rules to each meeting. Plus when we wrote violations we quoted the rules verbatim and wherd to find it. Sooo... To come here making accusations of fear and scrupolous activity by posters because they are or were board members is fantasy thinking. It is NOT reality or atleast mine. Never seen a lawsuit scared or run away from. Never seen a HOA rule did not reasearch or apply. How is that for shaking in my rule abiding boots? LOL!

Former HOA President
LarryB13
(Arizona)

Posts:4099


07/31/2015 4:19 PM  
Posted By WalterM3 on 07/31/2015 3:58 PM
I did not lose anything really. It was actually pretty good work for a lay person.


Well, you lost $50 for that internet lawyer you consulted. You lost whatever it cost you to file the complaint plus having it served on the four defendants. By your own estimate, you cost yourself and your neighbors about $5,000, more than four times the "damages" you sought to recover. You have also ensured that your association will now pay even higher insurance premiums (assuming that any insurance company will write a policy). You have also given every member of your association good reason not to serve on the board out of fear of being sued by a mentally disturbed person.

Yeah, Walt, good job.




Me insisting that the Board members follow the clearly laid out rules has really gotten under the skin of some of you.

Why is that?


Because you created a mountain out of a molehill for the sole purpose of harassing the board members through abusive prosecution.
JohnC46
(South Carolina)

Posts:11638


07/31/2015 4:35 PM  
Posted By LarryB13 on 07/31/2015 4:19 PM
Posted By WalterM3 on 07/31/2015 3:58 PM
I did not lose anything really. It was actually pretty good work for a lay person.


Well, you lost $50 for that internet lawyer you consulted. You lost whatever it cost you to file the complaint plus having it served on the four defendants. By your own estimate, you cost yourself and your neighbors about $5,000, more than four times the "damages" you sought to recover. You have also ensured that your association will now pay even higher insurance premiums (assuming that any insurance company will write a policy). You have also given every member of your association good reason not to serve on the board out of fear of being sued by a mentally disturbed person.

Yeah, Walt, good job.




Me insisting that the Board members follow the clearly laid out rules has really gotten under the skin of some of you.

Why is that?


Because you created a mountain out of a molehill for the sole purpose of harassing the board members through abusive prosecution.




Well said.

MelissaP1
(Alabama)

Posts:10576


07/31/2015 4:50 PM  
Even if Walt was to refile his lawsuit the court said he would have to do corectly against the board, what does he win? Well the money we know would go back into the HOA budget. Which would not and could not go back into a single members pocket. The rule process change they would be told to follow from now on. Does not erase the past. They of course could vote to change that later.

So if your going to sue your HOA make sure it in respect of your fellow members. If you do not like the rules or action of your HOA board, then vote them out. Do not like a rule, then gather a majority of like minded members to form a majority to change, file, and adapt it. Going to court just creates an endless loop of making rich lawyers and broke members... Plus loss or raise of insurance. Oh and higher interest rates for refinancing or purchases...

Former HOA President
JonD1


Posts:0


07/31/2015 4:58 PM  
Posted By LarryB13 on 07/31/2015 4:19 PM
Posted By WalterM3 on 07/31/2015 3:58 PM
I did not lose anything really. It was actually pretty good work for a lay person.


Well, you lost $50 for that internet lawyer you consulted. You lost whatever it cost you to file the complaint plus having it served on the four defendants. By your own estimate, you cost yourself and your neighbors about $5,000, more than four times the "damages" you sought to recover. You have also ensured that your association will now pay even higher insurance premiums (assuming that any insurance company will write a policy). You have also given every member of your association good reason not to serve on the board out of fear of being sued by a mentally disturbed person.

Yeah, Walt, good job.




Me insisting that the Board members follow the clearly laid out rules has really gotten under the skin of some of you.

Why is that?


Because you created a mountain out of a molehill for the sole purpose of harassing the board members through abusive prosecution.




Larry you are on a roll....

"Pretty good for a lay person." Now Walter's case was dimissed yet he pats himself on the back for job well done.
Scary just how disconnected Walter is from reality. And his need to prove again just how right he is even after getting his brains kicked in.

The stupidity of it all. Make all this noise about how much you know, how wrong everyone else is, file a Mickey Mouse complaint using the useless advice of a $50 e-mail lawyer, make threats you can never back up, show up in court and get you head handed to you, claim it was to protect the association members who YOU told us don't matter to you, claim it cost you nothing, claim the judge was wrong, fail to understand those posting here don't fear you rather find you to be somewhat of a clown.
Walter as they say has gone round the bend. His overblown ego and self-righteousness can't deal with reality.

Simple fact, when the court dismisses your case that is not a win! No matter how youvtwistvthat around. Walter can't even get that.


BobD4
(up north)

Posts:956


07/31/2015 6:01 PM  
1- NPS Pennsylvania : "BobD - Can you recover legal fees in CAN as easily as in the states? Or is your system more like England where both sides pay their own way?"

About awards of legal costs & disbursements, sorry I am unable to comment on Brits nor what happens with costs in the 10 other jurisdictions up here.

But Ontario condo winners have been at best LUCKY in civil courts here to get 70 % - 80 % of their legals & disbursments back, those not common cases when the offenders have been almost demons of incorrigibility, ignoring repeated orders & threats.

In one outrageous case 82 % of legals / disbursements were ordered paid, citing an Appeals decision that " . . .the objective of a determination on costs is to fix an amount the unsuccessful party is required to pay that is fair and reasonable rather than an amount reflecting the actual costs of the successful party.

The quantum of costs allowed must be fair, within the reasonable expectations of the parties, and in accord with the principles set out by the Court of Appeal in 2004 in etc . . "

I am aware of one 100% costs/ disbursements awarded against a condo demon.

Separately, Human Rights Tribunals here - unlike civil judges above - have self-defined not to have power to award legal costs ( but can award damages eg for hurt feelings etc )

2 - Re-litigating :

Again not necessarily Walter nor his adversaries :

British Columbia's Appeals Court has upheld 8 months ago the compulsory unit sale and physical expulsion of a disputant strata owner who had repeatedly filed duplicative, consecutive identical litigation over parking dedications.

He ( and apparently lax civil court staff) ignored specific restraint orders by the courts against the vexatious repeat litigation, none of which was protected by "without prejudice" dismissal.

After more than 50 court appearances in front of 32 judges and six petitions, the old fart was ordered removed physically by the RCMP. He left in an ambulance with chest pains.

EACH other set of strata owners had by then incurred individual shares of $ 7,200 unless recouped by sale of the vexatious litigant's strata unit ( which some fear will not suffice ).

JohnC46
(South Carolina)

Posts:11638


07/31/2015 6:08 PM  
As Bob said:

http://www.cbc.ca/news/canada/british-columbia/condo-parking-dispute-b-c-couple-upset-over-court-of-appeal-ruling-1.2934642
WalterM3
(Georgia)

Posts:371


07/31/2015 6:11 PM  



Because you created a mountain out of a molehill for the sole purpose of harassing the board members through abusive prosecution.


Oh. Asking that the laws be obeyed is making a mountain out of a molehill.

Glad to have you on the record.

Jumpin' Jiminy. If it were abusive, it would not have been dismissed without prejudice,

Walt
BobD4
(up north)

Posts:956


07/31/2015 6:18 PM  
John C46 Thanks for the url.

One of the hundreds of commenters noted : "Well at least now he can legally use the Visitor Parking."
BobD4
(up north)

Posts:956


07/31/2015 6:18 PM  
John C46 Thanks for the url.

One of the hundreds of commenters noted : "Well at least now he can legally use the Visitor Parking."
LarryB13
(Arizona)

Posts:4099


07/31/2015 7:06 PM  
Posted By WalterM3 on 07/31/2015 6:11 PM



Because you created a mountain out of a molehill for the sole purpose of harassing the board members through abusive prosecution.


Oh. Asking that the laws be obeyed is making a mountain out of a molehill.

Glad to have you on the record.

Jumpin' Jiminy. If it were abusive, it would not have been dismissed without prejudice,

Walt



We do not know what the association's attorney sought in his motion to dismiss because you refuse to post it.

We also do not know what the court ruled since you have not posted that, either.

But feel free to file another frivolous lawsuit or two or fifty. The judge gave the stupid redneck a break this time. The court may not be so generous next time.

LarryB13
(Arizona)

Posts:4099


07/31/2015 8:57 PM  
Posted By JonD1 on 07/31/2015 9:29 AM
Larry, while I admire your efforts to explain the obvious to Walter at this point that seems to be a lost cause.


Many years ago Geraldo Rivera interviewed a delusional man who had stalked a local female TV personality. No matter how hard Geraldo tried, he could not convince the delusional man that the lady had no interest in him. In frustration, Geraldo blurted out, "If you were my brother I would punch your lights out."

Gee, I wonder what made me thing of that?
MelissaP1
(Alabama)

Posts:10576


07/31/2015 9:15 PM  
Without prejudice means again in this case the court saying you can file again if you do it correctly. If you want to refile your lawsuit, you are allowed to. You are given a SECOND chance to appear. That is all that is it. That is as layman's as you can get... I took law courses in college and got an A...

The definition of crazy... Doing the same thing over and over again expecting a different result... I believe there is a German phrase or word for this as well...

Former HOA President
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