CHAPTER 8: ABUSE OF PROCESS BY THE BOARD. I get a lot of good ideas while sleeping. This morning, as I woke up I realized that we need to turn this mess around. Right now I am the only one with a rule violation and fine on the record. My rule violation and fine are the result of illegal actions by the Board and the Board's willingness to lie to make me as uncomfortable here at the Point as possible.
We tried to explain to the Board the error of their ways in the 17 page letter I referred to in an earlier chapter and the response was the scheduling of the April 11th hearing at which the only subject for discussion allowed is whether or not I was negligent as I quickly tried to grab my dog after we were both frightened by a solid door opening at 11:00 pm immediately in front of us. The legality of the fine assessment will not be permitted to be discussed. Okay, so the authority to apply that restriction in the appeal hearing is nowhere to be found in the Rules so why can the Board do it?
But, in the meanwhile:
I filed Rule violation complaints against each of the Directors for issuing a notice of assessment under Rule VI knowing that they had no Resident complaint on hand. By doing so they violated every procedure in the Rule book governing the issuance of fine assessments by the Board. Every one. How can they get away with this and how can be stopped from doing it again, to me or to you?
The idea is to see if the Board treats themselves any differently than they have treated me. I assume that they will do no full, fair, and objective investigation and that they will immediately fine themselves for their unconscionable behavior. Anyone think that will happen?
I will certainly let you know what, if anything happens. I know the Board President does not feel the Rules restrict him from doing anything he pleases so maybe he will just ignore my complaints. (It only took him a week to fine me without even receiving a complaint.)
Here is the language I used to describe the violation of the Rules by the Directors:
Director [Robert Popp] [Lynn Tarrence] [David Rasmussen] has violated substantially all of Rule VI by reason of sending us a notice of fine assessment that purports to be based on a complaint under VI.B when, in absolute and incontrovertible fact, the Board had received no such complaint before the date of the letter. In addition Director [Popp] [Tarrence] [Rasmussen] took none of the actions required under Article VI before a notice of fine assessment may be issued. This action has severely damaged our comfort, repose, and feeling of safety in our home (see Rule IV.R). We have lost hours of sleep worrying about what else the Board can do to us if it can get away with this illegal conduct in blatant violation of the Rules; we have incurred significant expense of time and resources trying to figure out how to combat the actions of a Board that seems to be out of control; and we remain worried about our personal safety in such a hostile environment.
Stay tuned for Chapter 9. This thing is only going to get worse until the Board is removed.
We tried to explain to the Board the error of their ways in the 17 page letter I referred to in an earlier chapter and the response was the scheduling of the April 11th hearing at which the only subject for discussion allowed is whether or not I was negligent as I quickly tried to grab my dog after we were both frightened by a solid door opening at 11:00 pm immediately in front of us. The legality of the fine assessment will not be permitted to be discussed. Okay, so the authority to apply that restriction in the appeal hearing is nowhere to be found in the Rules so why can the Board do it?
But, in the meanwhile:
I filed Rule violation complaints against each of the Directors for issuing a notice of assessment under Rule VI knowing that they had no Resident complaint on hand. By doing so they violated every procedure in the Rule book governing the issuance of fine assessments by the Board. Every one. How can they get away with this and how can be stopped from doing it again, to me or to you?
The idea is to see if the Board treats themselves any differently than they have treated me. I assume that they will do no full, fair, and objective investigation and that they will immediately fine themselves for their unconscionable behavior. Anyone think that will happen?
I will certainly let you know what, if anything happens. I know the Board President does not feel the Rules restrict him from doing anything he pleases so maybe he will just ignore my complaints. (It only took him a week to fine me without even receiving a complaint.)
Here is the language I used to describe the violation of the Rules by the Directors:
Director [Robert Popp] [Lynn Tarrence] [David Rasmussen] has violated substantially all of Rule VI by reason of sending us a notice of fine assessment that purports to be based on a complaint under VI.B when, in absolute and incontrovertible fact, the Board had received no such complaint before the date of the letter. In addition Director [Popp] [Tarrence] [Rasmussen] took none of the actions required under Article VI before a notice of fine assessment may be issued. This action has severely damaged our comfort, repose, and feeling of safety in our home (see Rule IV.R). We have lost hours of sleep worrying about what else the Board can do to us if it can get away with this illegal conduct in blatant violation of the Rules; we have incurred significant expense of time and resources trying to figure out how to combat the actions of a Board that seems to be out of control; and we remain worried about our personal safety in such a hostile environment.
Stay tuned for Chapter 9. This thing is only going to get worse until the Board is removed.
Hello Harvey,
ReplyDeleteYou seem to feel that you have been extremely wronged here. Sorry for your pain. I would like to step up and pay your $50 fine in order to give you, your wife, and dog peace. God Bless.
Dan