REBUTTAL LETTER TO STANLEY FELDSOTT'S MESSAGE TO THE AHRC

February 20, 2005

By William Tezak (View author info)

We felt compelled to make a response to the readers at the American Homeowner Resource Center due to the utter misstatements of facts and outright false statements made in Stanley Feldsott's message to you the readers.

The Tezaks moved into Greenbrook Homeowners Association in May 2002. They never submitted their planned improvements or planned use to the Greenbrook Fountain Valley HOA, as claimed by Mr. Feldsott, because there was no restrictive covenant governing the "improvements" or "use" being sought. They did at one point submit a letter requesting verification and validation of any restrictive covenants to their plans for acknowledgement of the Board's belief of any such restrictive covenants, Architectural procedures, guidelines and any other documents pertinent to such use and improvements just in case something was not disclosed by the Realtor and to understand the governing documents of the Association since they had never lived in an Association before this time.

The Board members ignored and refused these requests to provide such governing documents once the Realtor disclosed that the Tezaks intended to park their RVs on the property and then a dispute arose with neighbors and Director Richard Carlburg and James McIntyre. Upon legal advice a Request for Resolution and determination was submitted to the Association to seek non-binding Arbitration. The legal period of 120 days had passed and no response came to the Tezaks for which rendered one of three options:

(1) sue the Association for Declaratory Relief to ascertain their rights;

(2) remove a block wall and proceed to improve the property for RV parking or

(3) abandon such use and improvements due to the Threats of legal action of the neighbor Board Member Richard Carlburg and his neighbor friend James McIntyre.

The Tezaks proceeded with option two since the facts and law favored them and belief that no one in their right mind would pursue a baseless claim.

But little to their surprise the Board members George Kallas, Richard Carlburg, Cathrine Lesnick, Jimmy Patopoff and Regina Alcantera were swayed by neighbors James McIntyre and with Board member Richard Carlburg's influence after circulating a petition within the community based on lies and deceit to gain homeowner support to file a complaint (See Exhibit "A" to this Rebuttal).

The Board members by now had fired their previous attorney Sheldon Goodman who had advised the Association in Good Faith to not get involved in a neighbor dispute and indicated that their chances for a nuisance suit would not be meritorious especially due to the Ironwood Case (See Exhibit "B" to this Rebuttal).

However, without any basis and with blatant disregard for the community General Plan and corporate formalities governing a Mutual Benefit corporation, pursued a course of action unimaginable and attempted to have the interpretation of the "Building" provision of the governing documents interpreted by the Liberal construing statute Civil Code sec. 1370 to liberally interpret a "gate" to mean a "building" under the governing documents provisions to obtain quazi-jurisdiction over the property and then director George Kallas changed his story to the court by stating that the Tezaks gate improvement was unapproved as non-conforming in the community even thought the CC&Rs has no restrictive covenants controlling fences or gates in the community.

So then with Attorney Stanley Feldsott at the Board's side, he filed on behalf of the Greenbrook Association a complaint alleging

(1) an Injunction for violation of the governing documents;

(2) An injunction to prevent a trespass to easement; and

(3) Damage due to Trespass. But on the day of trial Stanley Feldsott moved to dismiss the trespass to easement and damages due to trespass causes, because he knew all along an easement did not exist upon the property and their was no damages.

So Stanley Feldsott moved then to indirectly do what the Association could not do directly, which was now to try the case only on the first cause of action to get the RVs removed from the property by seeking a judgment to have the block wall that was removed, reconstructed to prevent the RVs from being able to be parked on the Property. Judge Derek Hunt, deliberately ignored all the law and facts in Tezak's defense and construed a "gate" out of context to be interpreted as a "building" to give the Association quazi-jurisdiction over the Tezaks property and ruled that the "gate" had to be removed until Architectural Approval would be granted by the Association.

The judge did however understand from the testimony what the Association, by the through these Board members, were really intending to do, which was to prevent the Tezaks from have RV access to their side-yard for parking. Based on this understanding, the judge ordered the removal of the gate, and crossed out Stanley Feldsott's proposed language and we quote: "and rebuild the block wall that was in existence at the time defendants purchased SUBJECT PROPERTY"

The decorative gate and property was beautifully improved by the Tezaks and destroyed by the Association for no beneficial purpose to the community with the Superior Court's help. Then to add insult to injury the judge order them to pay attorney fees in the amount of $30,500 plus costs after Stanley Feldsott submitted an inflated bill of more then $40, 000. Based on review of the Greenbrook accounting disclosures the Association appears to have spend more than $100,000 to prevent the Tezaks from having RVs parked on their property at the benefit of Neighbors James McIntyre and Richard Carlburg.

But the fact remains that the RVs are still on the property after all this litigation. Rumor has it that James McIntyre now elected to the Board with Stanley Feldsott are now attempting to change the CC&Rs to possible have RVs banned from the community which is costing the Association members more legal fees and will ultimately cause more litigation. James McIntyre and his friends on the Board together with Stanley Feldsott are causing the community financial disaster due to homeowner apathy to what is really going on in this community, James McIntyre's crusade to damage the Tezaks.

Additionally, the Tezaks noticing the numerous direct easement and boundary violations of the Board members and other community members filed a Class Action lawsuit for an injunction and declaratory relief through Attorney Philip Putman of the Law Offices of Philip A. Putman, as against 144 homeowners including James McIntyre and Richard Carlburg. Coincidently, certain Board members and others were actually violating easements in the community at the time Stanley Feldsott filed his actions against the Tezaks, for which they did not even have an easement on their property.

Thus, Feldsott and the Board have maliciously pursued a cause of action that lacked any truth or merit. The Tezaks are now in final preparation of an action against Stanley Feldsott, Et al and certain Board members, Et. Al for a malicious prosecution, abuses of judicial process, intentional infliction of emotional distress, Slander to Title, and other causes as a direct result of damages caused to the Tezaks.

It was made clear and obvious both to the court and to the community that a conspiracy was being used to cause the Tezaks damages and it is definitely Stanley Feldsott's intent to profit either from the Tezaks and/or community members from non-meritorious litigation. It is however not known specifically why the judges in the previous case were willing to allow Stanley Feldsott to get away with this abuse, but maybe the truth will percolate to the surface at a later date.

Additionally, the Tezaks are aware of Mr. Putman's record and indeed he was suspended, but not disbarred or for anything really serious, for 3 months (which amounted to 5 months to comply with State Bar formalities) just for really standing-up for his other clients rights, which caused a Judge to get mad at him. Its impeccable for a lawyer that pursues legal malpractice as an emphasis to vindicate Clients that have been abused by lawyers and put their license and career on the line for his Clients.

The Tezaks have been appraised of Mr. Putman's history, credentials, community service and further respect the fact that he is a man of god as a Christian. The Tezaks are comfortable with Mr. Putman's willingness to see justice prevail in this matter and on things to come.