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
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
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
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
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.
Matthew C. Shapiro