HOA agreement of 11 1 16: Violated or not Violated? Now important.

In my HOA’s board of directors meeting of 7 13 17 the president spoke about 107 CPR violating the agreement of 11 1 16.  The president also said that 107 CPR has fired his attorney, and some association members at the meeting laughed and applauded.  Ray Jr. has told me on 7 16 17 that he has not fired his attorney.

The lien against 107 CPR for something around $24,000.00 has been reinstated by the board of directors of my HOA. I would note that the lien is for payment of legal services provided to the board of directors by it attorney.  All other assessment fees have been paid by 107 CPR as far as I can tell, for many years.

I think it is good for all of us to review what the agreement of 11 1 16 contained.  I hereby reproduce the agreement: — hank springer posted 518pm 7 19 17

The agreement of 11 1 16 was 6 pages.  For scanning purposes I have reproduced the 5 pages into 13 sections of the agreement:

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6 thoughts on “HOA agreement of 11 1 16: Violated or not Violated? Now important.

  1. It is absolutely for me Ray Shaffer Jr, to put my two cents in as the board has had an open microphone to say a whole lot of b/s with little facts. THE BOARD HAS SLANDERD THE SHAFFERS AND HAVE STATED CONTINUOUS LIES TO THE OWNERS FOR THE LAST FOUR YEARS, THEY HAVE MISPENT YOUR MONEY TRYING TO HIDE THEIR MISTAKES.

    1 Shaffer’s did not fire our attorney Mr Shapiro, He still represents us,

    2, The Attorney for the board failed immediately with the agreement in that he was suppose to release the original lien within 10 days of the agreement, he did not release the original lien until Dec 5 35 days after the agreement.

    3 On Nov 23 at the Board meeting, there was a heated argument between several owners and the board, The video of this argument is on you tube, Leslie Tucker, Treasurer stated emphatically that the lien was not released as of yet “because she and the Board thought the Shaffer’s would have violated the agreement already. (I have a copy of those videos posted online burned onto disc for anyone who cannot find them on You tube) thank you John Springer for taking those videos. and posting them for the whole world to see.

    A Board member , slanderded defamed both the shaffers on Nov 15 video taped and online
    a clear violation of the agreement.

    The Secretary made erroneous statements and defamed Shaffer Sr on VIDEO WHERE HE THE SECRETARY STATED THAT SHAFFER SR WAS TRHOWN OFF THE 2006 BOARD AND THAT HE HAD SPENT $18,000 WITH THE ATTORNEY OVER A CARPORT ISSUE, Well that issue was already posted on Nextdoor, and the board tried to take those facts down from the web. Looking forward to taking Mr Roberts to a suit for defamation, hope he can prove what he said, I can prove what he said was a lie!

    4 On May 12, our attorney asked for a meeting with the board thru their attorney, the response was immediate, 0 time elapsed from the time our attorney called the hoa attorney, it appears that the HOA attorney was calling the shots not the board

    Mr Mctague, the hoa attorney, stated there will be no renegotiation of the agreement and that all deadlines stand.

    It was well known by both board and their attorney that if the board did not want to renegotiate the agreement due to the failing health of Mr Shaffer Sr, A court order would need to be received by the Shaffers to force us out of my fathers home of 30 years

    THEY ALL KNEW THIS MAY 12 and did not act. The agreement clearly states that if we did not sell our home BY JUNE 1, the board would purchase the home for $85,000 and the Shaffers would have to move BY JULY ! again the board and their attorney failed to do their jobs

    THE BOARD AND THEIR ATTORNEY KNEW THAT THE SHAFFERS WERE DOING AND FAILED TO ACT ON JUNE 1, COME FORWARD AND BUY THE HOME.

    NO ONE BOTHERED TO FOLLOW THRU ON THE BOARD AND THEIR ATTONREYS BEHALF.

    Our attorney Mr Shapiro received a predated letter dated July 7 , on July 10 at which time our attorney responded to Mr Mctague that we, the Shaffer’s offered to renegotiate the agreement on May 12, and that the Association Attorney Mr Mctage emphatically stated both in writing and verbally that all deadlines stand.

    Our attorney on July 10 reminded Mr Mctague that the board had violated all terms of the agreement, failed to timely address their problems and missed the deadline for purchasing the home.

    AGAIN THE HOA HAD UNTIL JULY 1 TO BUY THE HOME PAY US AND GET US OUT, THEY ATTEMPTED TO RENEGOTIATE AFTER THE AGREEMENT DEADLINE HAD COME AND GONE.

    What I find appauling is that Mr Mctague did not respond in the proper time and is trying to blame the Shaffers for his failures.

    He in addition, ON JULY 3 MR MCTAGUE had received from the Shaffers proof positive, emails between Leanne Wagner, Bob Rhein 2013 President, Atlantic Communtiy mgt and David Eller owner of 3 units that were double charged for their assessments in the 2013 fiasco.

    Those emails prove that not only did the board double charge the approximately 150 owners over $36,000 but the hoa attorney Leanne Wagner knew it, and assisted the board in keeping this financial fiasco away from the other owners knowledge for three years.

    To date , 31 units received either refunds (at a cost of $35 each) or a credit, as in the four units (two board members)received credits in 2013 and one owner in 2014

    The first three credits and the fifth were PER THE ATTORNEY as written on the financial records and one credit was given to 120 cypress pond road for $365 and was approved by ‘ THE PRESIENDT.

    the 2012 and 2013 financial statements mysteriously disappeared right after the board found out that the Port Orange Police Dept was investigating the board and our finances.

    Our 2013 Presiednt knew there was a problem in 2013 but covered up the mistake but then admitted in the Jan 2015 minutes, just before he left the board, that ther3e was a problem but the new board would have to figure out how to fix it.

    The Shaffers discovered the problem in 2013, tried to make the other owners aware of the situation they were being over charged and the President of the 2013 board, without any votes, authorized the lawyer to go after the Shaffer’s, the Nixon’s, the Anthony’s to shut us all up. Well it worked on the Nixon’s and the Anthony’s, It did not and still has not stopped the Shaffer’s from telling the truth.

    EVERYTHING IN THIS LETTER IS DOCUMENTED USING HOA FINANCIAL REPORTS, EMAILS BETWEEN THE BOARD AND THE ATTORNEY, POSTED MINUTES

    WE ARE LOOKING FOREWARD TO FINALLY GETTING THIS PACK OF LIES IN FRONT OF A JUDGE AND JURY ONCE AND FOR ALL and clearing the Shaffer name!

    Your board has spent over $30,000 trying to shut everyone up and hide their mistakes, The board spent another $35,000 dealing with the 26 summer trees road unit in which that same president that messed up the double charging issue could have foreclose on the 26 unit in 2012 yet did not want to do that. It is time for Mr Rhein to fess up and pay the piper for all the mistakes the board made under his directions and Leadership(less)

    Truthfully Stated
    R Shaffer Jr

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  2. R Shaffer Jr asked me not to delete anything in his comments about these issues.
    I, Hank Springer am not in a position to verify some of the details in Mr. Shaffer Jr”. comments. But I, Hank Springer remain in my opinion about some of these issues.
    1. Hiding a secret from the general association has been stated to me in an e mail from one current board director, and he had put it as “hearsay” that a number of people in this association knew that the clubhouse had not legally been permitted by the city of Port Orange.
    2. I had been at a board of directors’ meeting where a director of the board complained about who was visiting and communicating with Ray Jr., and a committee person verified for members one such meeting. That person now sits as a director on the board. (7 19 17)
    3. The double charging of assessments in 2013 and the board’s insistence that homeowners prove they overpaid their assessments was financially perplexing to me, since the board is required to keep such records, and should have had in their own files that homeowners had over paid assessments in 2013. I never understood why if the board had such records in its files, why homeowners had to go to an accountant appointed by the board and prove their case.
    4. I believe it is a fact that financial papers for 2012 and 2013 became “missing” (stolen?) from the board’s records. I understand that the HOA president in either 2015, or 2016 made a police report with Port Orange Police Department about such “missing” (stolen?) records. I would wonder if the board would prefer to have such records considered missing or stolen?
    5, I have witnessed attempts by the board to use its attorney to silence association members who might voice criticism of mismanagement by various boards. In one case there was a gag order imposed on two owners who were financially wronged by the board. In my case, I was threatened by the board’s attorney to pay $1000, to the board for each instance that I mentioned on social media the full name of the Association, STW. The lawyer said in a letter to me that at that time I owed the HOA 15,000. This threat on my right to free speech is a fact, experienced by me and my family.
    6. At the least I consider many of these issues, mismanagement by previous boards and some of our present board had been on the board when mismanagement was being carried out.
    7. I am of the opinion that this present board is following thru with dangerous legal court action against 107 CPR, being misguided and controlled by certain members of past boards,and perhaps the HOA attorney. But, I am not a lawyer.
    — sincerely, and honestly, — hank springer
    posted here 903pm 7 19 17

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  3. comment on Hanks Missing records statement.

    An investigation by Port Orange Police Dept Detective Eric Fields into STHOA financial dealings and strange acts by the board was begun in earnest in March 2015

    April 15, 2015 Board member Kelly Nixon demanded an audit, the board shunned her, two weeks later the president and the vp of the 2013 board both attempted to get an injunction against R Shaffer Jr. The President of 2013 had his immediately thrown out of the court room.

    two weeks after that, when a member asked for some financial records, The 2015 board president SUPPOSIDLY could not find those records, he went to the POPD, HE DID NOT HAVE POLICE COME TO THE CLUBHOUSE TO INVESTIGATE, The report was filed at POPD by the 2015 President and as it states in the report, no force d entry nothing of any value missing. Why did the police not be summoned to the supposedly broken into clubhouse to investigate first hand.

    Sounds curious to me that a man, who had just become a President of the board and had not lived in the hoa for more than a year, knew what was or not was suppose to be in the clubhouse.

    And the fact that there was no force entry clearly says whomever removed those documents had a key to the locked closet and locked clubhouse.

    truthfully stated

    Ray Shaffer Jr

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  4. A reader, (attorney) pointed out to me that 25:c speaks to any breach about section 9, and stipulates that another lien cannot be instituted. At least that’s what it seems to me, Hank. — but I am not a lawyer

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  5. do not worry hank we have followed through with a lawsuit to be filed either today or on Monday not just against hoa but past and present board members individually. and their attorney

    WE ARE GOING TO COURT

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