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An Article
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Brook Hills resident fights association
March 12, 2004
By
Julie Reeder
(View author info)
Copyright The Village News
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It is my understanding that the Bass' corporation was suspended by the California Secretary Of State, and could not do any business? Therefore, how did they get away with this fine, and attorney fees???
Suspended California Corporations may not bring or defend any lawsuit.
A corporation suspended for failure to file a required information statement with the California Secretary of State, as well as for non-payment of taxes, may not prosecute or defend a lawsuit. Counsel who knowingly violates this rule may be subject to sanction by the trial court. Palm Valley Homeowners Assn. v. Design MTC (2001) 85 Cal.App.4th 553, 102 Cal.Rptr.2d 350
I am going after $20,000 stolen from us while the corporation was suspended.
Sharon Stephens
Posted Mar 20 2006 12:06PM CET
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Sharon Stephens
(View Profile)
Cathedral City, California |
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Can you give us the result of this case?
Posted Aug 19 2005 11:49PM CEST
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Wonder Woman
, Illinois |
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Oh the perils!
First let me say, this is an issue. Those who have any power IN or OVER the HOA can and do have personal agenda's.
We have been in an HOA battle for approimately. 8 months because ONE very wealthy and powerful man has decided he wants us out. YES OUT.
He has done some things that would be considered illegal in other states...he has accused us, and rallied support by alleging we were engaged in some very illegal activities (all accusations are false).
He has had us followed, he had hired investigative firm try to attempt to break into our home (we caught them twice but couldn't press charges because we were told we didn't have NO TRESSPASSING signs up by the officers responding, and we had the license plate numbers), break into our REAL business (5 different alarms), put in zoning complaints over 50 times alleging a business in our home (in 5 years), sent the FIRE MARSHAL (alleging dumping of toxic materials and/or used oil on our property), talked about us behind our back, slandered us in front of the HOA at a meeting, send lawyers to our sons court cases EACH time, arguing for the highest penalties because he was a danger "in the name of" the concerned neighbors, and IS paying for and directing the case for the HOA - even tho he is NOT even an officer in the HOA. He does have a history of paying for things for the HOA in the past to have "influence" over the HOA.
For the life of me, I cannot imagine why this man has this vendetta against our family.
One of the things not YET proven is that he orchestrated or arranged for my son to be hit with a baseball bat and just left to die -- but I think he may seriously be behind that as well. I just cannot believe the words he used, the anger, and the tactics he has taken. I keep thinking he must have some reason to HATE us, but I cannot figure it out.
The Zoning Commission has closed our case finding no support of a business, the Fire Marshall deemed our property (all 5 acres searched) clean, the "man" has not handed over all his "evidence" and is only technically I am told in contempt of court for that (because he can claim he forgot about the rest). Most of this would have been from the filming and following of the investigative agency I mentioned earlier.
Today, Lord willing - and if my resolve will work to do it, I am going to try and have a conversation with some my neighbors (we are a small private community). I would like to set the record straight as they (I do hope and try to believe) only signed to do this becuase they thought the man spoke the truth. They do not and have not been told what the suit is about, and only the President of the Association and one or two select members who are "helping" this man (remember the man is rich and powerful) even knew the suit was filed. At the meeting they would not tell the membership, saying it would jeopardize their case against us.
So... with no end in sight, we offered to move, if they would chip into the legal fees they caused us. HE upped the amt. we asked for, shortened the time frame (we wanted 6 months) and we were in the process of negotiating the details.... WHEN after 2 months of negotiations, the MAN behind this decides we are taking too long and sets up an ultimatim.
We obviously and with legal advice refuse. HE (the man) wanted us to personally release him from all liability in this case. HA HA HA - Wait a minute here - this is HOA vs.US -- he is not a party to this suit technically, therefore there is no reason to release him, and why would we....he is the cause of all of it. I believe he has done more than we have uncovered so far, and thought he'd "strong-arm" us into a release with his ultimatim -- thinking I guess the $$ towards our legal fees would do that for him.
Wrong, the amount. he offered to have us move is less than 40% of our legal fees to date - we were moving to take the stress from our family, not because of the money.
My husband and I have taken classes and purchased firearms. This was a life changing event for me. I never wanted a gun, or guns around, but our lives could seriously be in danger -- since he is both angry and determined. Our classes were both functional and tactical. We applied for and were approved for concealed weapon permits (fairly easy in VA). We have feared that HIS vendetta would escalate and we needed to protect ourselves just in case. AND I really hate that just living in HOA community has made us do these things.
I blame the HOA, as this is the vehicle he used, knowing full well that none of the accusations could be proven --- but also knowing that since the "HOA" brought the suit, the court would assume there must really be a problem. Also civil cases are preponderance of evidence and not real evidence. He did his homework, he send the zoning, etc.,
He sent us letters accusing us of things we did not do, so that he would have some "soft" evidence there must have been an issue here? What baloney! And we did NOT get any notice from the HOA about them filing this, or telling us we were in violation of anything...because we aren't. HOA in paperwork says they HAVE no evidence. The whole thing, I think, is to cost us $$, so many $$ we lose our house, or are forced to move. It would have been easier for MR RICH GUY to just offer us a substantial price for our home.
So you see BROOK HILLS resident...you are not alone. We don't have a management company, but the Association can and is being manipulated by ONE MAN with a vendetta and lots of MONEY.
Posted Apr 17 2004 12:40PM CEST
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Username withheld
, Virginia |
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