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Donna Hays
Staff Director
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Date Posted: January 24, 2003
Company/Office: Hampton Cove Owners Association, Inc
City, State: Huntsville, AL
Reason for nomination: For the part she has played in my nightmare and the HCOA threat to my home ownership
Is Hampton Cove a part of America where our Bill of Rights apply? Does American justice exist? I signed no contract for service nor do I receive the service, but I've been sued by the HCOA to pay for the service. When an injustice is done to one, it is done to all.
I closed on my house at 3000 Waterman Drive 15 March 2000. I signed no contract that HCOA was to provide lawn and landscape maintenance for my property. I perform all the lawn and landscape maintenance for my property.
I received the first bill, dated 14 March 2000, for lawn maintenance on 16 March 2000. I received a letter, dated 5 July 2000, from the attorney representing HCOA “to effect the collection of debt owed to our client”, HCOA.
I employed an attorney, on 14 July 2000 to provide legal services, to-wit: dispute resolution of Stoneleigh Terrace Owners Association lawn maintenance.
On 18 December 2000, the HCOA enacted a resolution for a parcel assessment of $1260 for lawn maintenance for 2001 for the Stoneleigh Terrace parcel of Hampton Cove. I requested minutes of that board meeting to understand who made the motion for the parcel assessment, which member “seconded” the motion and what board members approved the resolution. I have not been able to obtain the information.
On 18 January 2001, my attorney notified me that I had been “forgiven” any back dues that I might owe to the owners association and that they would collect only future dues beginning after the date of the resolution of the Board of Directors of HCOA, dated 18 December 2000. The HCOA's attorney stated that “now” she must pay or move.
The following is a quote from the 16 February 2001 Memorandum to Stoneleigh Terrace Homeowners: “The board of Directors of the Hampton Cove Owners Association met on Monday, February 12. This was our first “official” meeting of the new Board. Officers were elected, and Dr. Michael Brown is the new President. Several homeowners presented suggestions to the Board. When questioned about specific issues involving Stoneleigh Terrace yard maintenance, both Brown and Donna Hays, HCOA Director, emphasized that the HCOA attorney has advised the Board and staff not to discuss anything relating to Stoneleigh Terrace yard maintenance until a pending lawsuit on that subject is settled. Unfortunately, this lawsuit prevents us from dealing with questions that some of you have, but I am hoping we will be able to have a meeting for Stoneleigh Terrace residents shortly to at least answer a few questions.” To what lawsuit were they referring?
Without my knowledge, on March 28 and March 30, 2001, the builder and closing attorney changed my deed and had it recorded, respectively. On April 1, 2001 HCOA filed a lawsuit against me for payment of lawn maintenance services and their attorney's fees.
On 25 April 2001, an answer to plaintiff's, HCOA, Complaint for Declaratory Judgment, Case No. CV-01-787, was provided. I requested a jury trial and on 8 June 2001 HCOA's attorney filed a motion to strike demand for jury stating that the Defendant, Patricia B. McInnis, "does put in issue any material fact of the complaint."
HCOA's Board Secretary provided an affidavit on 7 June 2001, stating: "My duties as Secretary is to keep the minutes of meetings of the association membership and board of directors meeting." In an amended affidavit dated 3 August 2001, the HCOA Secretary stated: "The maintenance performed by the Association in Stoneleigh Terrace Subdivisions consists of the following: cutting of grass weekly; cleaning of grass and leaves from driveways, walkways and sidewalks; trimming of plants and shrubs; fertilization of lawns, plants, shrubs and trees; chemical treatment of lawns to prevent weed, etc,; weeding of shrub and plant beds; and edging sidewalks, walkways, and driveways and curbs weekly. With the exception of cutting the grass on Patricia McInnis' lot, all of the above maintenance is performed on her lot and the common area surrounding it. While statements have been sent to Ms. McInnis for the Stoneleigh Terrace assessment, none have been paid by her, although she has received the benefit of the maintenance." Note: I did not discover the amended affidavit until June 2002.
On 17 August 2001 a hearing on Motion for Summary Judgment and Motion to Strike Jury Demand for HCOA, Plaintiff, versus Patricia McInnis, Defendant, went before the Circuit Court of Madison County, Alabama. The judge issued a Final Order on 27 August 2001. The Final Order stated: "It is therefore, ordered, adjudged and decreed, that the Plaintiff's Motion for Summary Judgment is hereby granted in all respects. Having granted the Plaintiff's Motion for Summary Judgment, the Court finds that the Plaintiff's Motion to Strike Jury Demand becomes a moot issue and the Court makes no ruling thereon."
On 5 September 2001 a HCOA Board member delivered a memorandum to Stoneleigh Terrace Homeowners. The memorandum stated: "In case you have not heard, Hampton Cove won the case brought against Stoneleigh Terrace and Hampton Cove by Patricia McInnis." Why did the HCOA Board member think that I was the Plaintiff?
I "appealed" the Circuit Court Final Order and the case went to the Supreme Court of Alabama. On 8 March 2002, seven of the Justices affirmed "no opinion" and two of the Justices "dissented from affirming the summary judgment declaring that the HCOA can assume maintenance of McInnis's lot and assess her for the costs of such maintenance." On 31 May 2002, the Supreme Court of Alabama overruled an application for rehearing.
On 6 September 2002, the HCOA Board of Directors placed a lien on my property and filed a lawsuit 6 September 2002 and 13 September 2002, respectively, requesting that my property be condemned and sold to pay for their attorney's fees and lawn maintenance fees.
HCOA's attorney used the parcel assessment for 2001, the 30 March 2001 changed deed, and the HCOA Secretary's affidavit to support their case.
To date, I have not been able to obtain all the HCOA Board meeting minutes to assure myself that the Board unanimously approved any or all lawsuits that they filed against me. Nor, have I been able to obtain copies of the 1996 through 2000, 2001, 2002 and 2003 resolutions for parcel assessments for Stoneleigh Terrace lawn maintenance.
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