HOA board is not contributing to the peace and harmony of association.

Regarding the following legal issue, I find it absolutely revolting that my HOA board has been spending money for 3 or 4 years to evict an eighty nine year old veteran and his son. From what I can tell, this eviction litigation is going on because the son has asked many probing questions of the board of directors and has requested to see many documents.  This HOA board has passed a rule that an association member can only make one request a month to see documents.

Perhaps it was around 2013 that the president of the board asked association members at a special hoa meeting for their approval to go ahead with legal expense to evict this family, and those attending said ok, understanding that the family targeted would pay all hoa legal fees, expecting the hoa to win in this eviction.

On Nov 1, 2016 an arbitrator ruled in mediation that this targeted family does not have to pay for hoa legal attempts to evict.

On Nov 13, 2016 or perhaps Nov 23, 2016 at an hoa board meeting, raising of annual dues was up for discussion.  My son had stated the raise the board was seeking was not “being honest” with the association people, because expensive litigation was still being conducted, going into the next year, and an arbitrator had recently ruled that the targeted family does not have to pay back HOA legal bills connected with this issue.

The secretary of the HOA board said that he did not get a copy of the arbitrator’s report, and that was the case with the other board members . The arbitrator’s report determination was open to the public, and I had posted it on my social media outlets, either Nov 2 or Nov 3.

I am not sure, and am open to correction, if the hoa board has ever told association members that the arbitrator determined the association has to pay its own legal bills regarding this issue.

It is my opinion  that the personalities involved in targeting this family are extraordinary .  But what do I know. I am not a psychiatrist or a lawyer.

The tension in our community is at the level where police are called because of neighbor vs. neighbor incidents.  Are you for the board’s actions, or are you “them” against “us”.  It is depressing and scary. Just this week there was another police call regarding a neighbor vs. neighbor over where to place the garbage for the garbage truck. At the scene were three former board members.

A person in the targeted family has given me permission to post the latest e mail, return receipt between lawyers. It is dated 7 13 17

— hank springer is open to correction and of course a contrary opinion.

Attorney e mail correspondence follows: posted here 619pm 7 12 17

XXXX XXXX (To)
Joel Martin McTague, Esq.
Frank Weinberg & Black, PL
7805 S.W. 6 Court th
Plantation, FL 33324
jmctague@fwblaw.net
RE: SHAFFER, RAYMOND /
SUMMER TREES HOMEOWNERS ASSOCIATION, INC.
Dear Mr. McTague:
I am writing in response to your letter dated July 7, 2017, wherein you advised that
Summer Trees Homeowners Association, Inc. (“the Association”) desires to purchase the
property belonging to Raymond Shaffer, Sr. and Raymond Shaffer, Jr.
Paragraph Four of our clients’ Settlement Agreement states in pertinent part:
If by June 1, 2017, Shaffer fails to close on a sale of the
property, for whatever amount Shaffer desires, the Association
shall agree to purchase the property and Shaffer shall agree
to sell the property . . . on or before July 1, 2017 (emphasis
added).
As recently as May 12, 2017, I was advised that the Association did not wish to
meet with my client and that the Settlement Agreement would not be revised. As such, all
deadlines remain as stated in the document.
Pursuant to the Settlement Agreement, the Association had until July 1, 2017, to
purchase my clients’ home. That deadline has come and gone. In addition, my clients’
made no effort to hinder any attempt by the Association to purchase the property as the
Association made no inquiry prior to July 7 .

The Shaffers do not desire to sell their home to the Association, will not be selling
their home to the Association, and are under no obligation to sell their home to the
Association.
Principal Office: 222 Seabreeze Boulevard ! Daytona Beach, FL 32118 ! 386.257.1222 ! Fax 386.258.9694
Flagler County Office: ! 386.445.9007
Southeast Volusia Office ! 386.426.6463
http://www.RiceLawFlorida.com
Page 2
July 13, 2017 (to)
Joel Martin McTague, Esq.
Please be advised that any attempt to force the sale of the property will be met with
swift legal action on the part of the Shaffers. The Shaffers are fully prepared to utilize all
available legal remedies and will not hesitate to engage in protracted litigation with the
Association should such action be necessary.
The ball is in the court of the Association.
Respectfully,
Matthew C. Shapiro

 

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4 thoughts on “HOA board is not contributing to the peace and harmony of association.

  1. I was appalled when I attended an HOA board meeting, and a board director gave out the names of who in the neighborhood were talking and visiting the targeted family. And some one who was not on the board gave verification of who was visiting whom. This person was shortly thereafter appointed as a director on the board of the HOA. She is still on the board, and in about a month or two ago in response to my e mail question, told me that being on the board she has an obligation to report who is visiting whom. Absolutely disgraceful.

    In another matter, my son questioned the board about a certain letter sent by an HOA lawyer to a resident in this community. The full explanation for the need for that threatening letter which had been sent by the HOA’s attorney was explained not by the board, but by a member of the association. Son John disagreed with the need to have sent the threatening letter as well as reading the threatening letter to members attending, as well as passing out copies of the letter.
    On the way out of the room a member of the community said to my son John, “you are a mean-spirited person”. The legal threatening letter had been sent to me, John’s father. I don’t think Sue really knew who hank springer was although she was handed a threatening legal letter sent to him by the hoa attorney, and made public at a hoa association meeting.
    I kid you not – This is all depressing and scary. — honestly and sincerely – hank springer

    Liked by 1 person

  2. Ray Shaffer Jr. has made a comment which I as a publisher have edited for personal legal liability reasons. I Hank Springer have asked the board not to go down this legal financial rat hole, and as even as last week the Secretary of the board would not meet with me if I were going to bring up this undecided legal issue. The following is an edited comment sent to me by Ray Shaffer Jr., 710pm 7 12 17: — editor and publisher, han springer

    DEAR OWNERS,, YOU HAVE BEEN LIED TO AND TOLD AP\LOT OF MISTRUTHS BY THE BOARDS OVER THE LAST TEN YEARS, WE THE SHAFFERS HAVE NO PROBLEM TAKING THIS ISSUE BEFOR A COURT, JUDGE AND JURY, WE WILL PREVAIL. DEAR OWNERS,, YOU HAVE BEEN LIED TO AND TOLD AP\LOT OF MISTRUTHS BY THE BOARDS OVER THE LAST TEN YEARS, WE THE SHAFFERS HAVE NO PROBLEM TAKING THIS ISSUE BEFOR A COURT, JUDGE AND JURY, WE WILL PREVAIL….
    ….. OWE THE SHAFFERS NOT ONLY APOLGIES BUT ALOT OF FINACIAL RESTITUTION FOR ALL THE LIES AND MISTATEMENTS BY ……….. AND THE OTHER BOARDS.

    Liked by 1 person

  3. ray Shaffer jR HERE, I STAND BY ALL MY PERSONAL STATMENTS AND OBSERVATIONS OF sthoa FINANCIAL ISSUES. I also stand by my attorneys statement that if the Board wants to take this thru litigation, we are willing, more than willing to participate fully. May the honest side win!

    The TRUTH will rise to the top no matter who tries to stop it from coming into the light!

    Liked by 1 person

  4. this is not about you Hank, you have contributed alot unlike too many of our neighbors.

    one of the huge problems we have is persons that are on the other side of the board. They are more than willing to run their mouths, say they are going to stand up at the next board meeting, and then make excuses for not being there.

    Unless you are willing to stand up ion a room or a court room shut your mouths and open your pockets

    I feel for all of you, however I will not allow the board to run rampant over ANY HOMEOWNER. You all have no idea of how much of your hard earned money is being misused by the same people who you bow to when the sit behind THE BOARDS TABLE

    What ever will be will be, those of you who believe, just understand whatever happens legally, IS GOD’S WILL

    Like

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