For those who read the most recent 'newsletter' from Robert Sher, please read further for our responses to his usual propaganda. For those who did not read this mailing, we'll summarize it for you in two sentences.
According to Sher, Cedar Run is so much better off now than it was two years ago, all thanks to him and his (well-paid) oversight committee.......Ohhhh and anything that hasn't gone well is someone else's fault.
That pretty much sums it up.
And now for the longer version.....
This most recent newsletter, like the last, is trying to portray Sher as someone destined for sainthood. Sher continues to remind us of the $10/month he cut from the Master HOA assessment. Then he points to Phases 5 & 10 as examples of Utopian living.
Things to understand about Phases 5 & 10
Which brings us to a special edition of our 'Sher Fantasies' segment.....
Fantasy #1 Sewer pipes
Sher states that your phase is responsible for all drain pipes that run from your building to the sewer. WRONG. Your phase is responsible for the common drain lines up until they exit the building. As soon as they are outside, the Master Board is responsible for their upkeep/repair. Sher even tried to challenge this in court by fighting the Village of Wheeling over an ordinance violation. Like usual, he lost! This issue will become more and more important because these sewer drain lines are 40 years old and made from clay (like flower pot) material. Tree roots and the weight of the soil on top of these pipes is causing them to break and become plugged because they are simply past their useable life. It is no wonder that Sher wants to pass the inevitable replacement cost onto the phases.
Fantasy #2 Windows
In this newsletter, Sher states that your phase association is responsible for the upkeep of your windows. WRONG again! All windows, screens, and doors (including storm doors, sliding doors, and garage doors) are the responsibility of the HOMEOWNER, not the (phase) association. It's all spelled out in your phase's declarations.
Fantasy #3 'Everything' (?!?) inside the walls
Sher states that your phase is responsible for everything inside the walls of your building. WRONG again! If this were true, your phase would be responsible for your furnace ductwork, electrical wiring.......etc. The one item your phase might be responsible is certain types of plumbing which is explained below.
Phase responsibilities summarized
The most important thing to understand is a term called 'common element'. Common element is something that is common to multiple homeowners' units in a given building or throughout the entire property. If something is specifically part of your unit, it is not common element.
Examples of common element that the Master Board maintains are trees, streets, grass, and concrete walkways. Examples for the phase would be roofing, siding, & gutters.
When it comes to plumbing, it gets complicated. But understand one thing, if it's not part of the common element, it's the responsibility of the individual homeowner. If a pipe in your wall is one that serves more than one unit in your building, your phase association is responsible for its upkeep. If it serves only your unit, it is your property and your responsibility. If a water line leaks or ruptures, where it happens with respect to the main feed and the lines serving only your unit is critical in deciding who pays the plumbing bill. The same applies to drains. If a drain line backs up....the location of that restriction determines who is responsible.
Click HERE for a thorough, simplified list of Master Board, Phase, and homeowner responsibilities.
No more talk about Itasca or Barrington banks 'enslaving' you. No more talk about cutting your assessment to half of what it was in 2012. But this is old news...
Conspicuously absent from Sher's letter was the mention of how he was fighting to recover 'your money'. He's always boasted about this, but he always stopped short of telling us what money he will recover and how. Now, he has conveniently stopped mentioning it....just like how he no longer talks about cutting our assessment in half or making our construction loans go away.
This is something we feel Cedar Run homeowners deserve to know, so we will decipher the Sher code for you. When Sher talks about recovering your money, what he really means is that he is suing the old master board members. Sher has always claimed that Alma and the old board were guilty of every financial crime in the book and that he has irrefutable evidence to prove it. Apparently this evidence must not be very convincing, because Judge Rudy Garcia has thrown out Sher's case not once, but twice!! The first time wasn't enough for Robert. Sher filed an amended complaint to keep the case alive. As of about one week before the writing of this blog entry, Sher's amended complaint (2nd attempt) was also thrown out. Will he file another amended complaint? Or will he finally admit he has lost and move on?
Why is this important, you ask? Because Sher is fighting this frivolous lawsuit on your dime (hiring his sister-in-law to argue it of course). Not only that, but the people Sher is suing are being defended by the insurance company (under something called a D & O policy). The more money the insurance company must pay out for the defense, the more our premiums can go up. You might also find it interesting that we are paying Sher to show up to these court hearings (along with every hearing for every other lawsuit he has spurred). See check image below.
In Sher's efforts to recover our money, in reality he is just spending it!! Pretty irresponsible, don't you think??
Did you know....
That back in the summer of 2012, all of the propaganda mailings, meetings at the library, hot dogs & ice cream....everything that Sher did to convince Cedar Run homeowners to vote him into power (which we were told was out of the kindness of his heart) was paid for by guess who??? YOU!!! That's right, not only did Sher secretly put himself (and his family) immediately on the payroll when he took over, but he also paid himself back for all campaign expenses that put him in that position. Think about it... Imagine if a newly elected congressman paid himself back for campaign expenses with our tax money!! Same thing here, folks!! See the check image below.
Did you know....
That Robert Sher and Jack Shaw obtained Community Association Manager Licenses, a credential now required by state law for all property managers. Again, this was paid for by homeowner funds (surprised?). In a previous newsletter, Sher finally (kind of) admitted that he obtained this license on our dime. But then he stated that he obtained this license strictly so he could manage Cedar Run and not for any other purpose. This is an outright lie. See what the Shaw Real Estate's groups website says about their property management services. It is not coincidental that this property management page went live just a few months after Sher/Shaw got their licenses. Cedar Run homeowners' money once again being used to provide business opportunities for the Sher/Shaw family. See check images below.
According to the latest records we have, Sher is getting paid at least $2,500 per month of our money. That doesn't include the perks he gets or any other form of compensation that he hides in various reimbursement payments (where's our audit?). His father-in-law, Jack Shaw, gets over $2,000 per month of our money, to sit in his lovely home in Glenview and occasionally advise his protege, Robert Sher. Anne Shaw is raking in tens of thousands of Cedar Run dollars in legal fees, not including what she gets by soliciting homeowners via her connection to the board. Directors and/or their family members are on they payroll too. Our assessments have gone up and not down. We're stuck in endless lawsuits at our expense. We can't see a budget. We can't attend board meetings. There are no elections or any form or democratic process. Where is the transparency and checks & balances we were promised?
The Robert Sher experiment has failed, and it is time to move on. Join us in demanding our right to self-determination and getting Sher out of his position of power. It's time for the homeowners to RESTORE CEDAR RUN!
restoreCR@gmail.com
According to Sher, Cedar Run is so much better off now than it was two years ago, all thanks to him and his (well-paid) oversight committee.......Ohhhh and anything that hasn't gone well is someone else's fault.
That pretty much sums it up.
And now for the longer version.....
This most recent newsletter, like the last, is trying to portray Sher as someone destined for sainthood. Sher continues to remind us of the $10/month he cut from the Master HOA assessment. Then he points to Phases 5 & 10 as examples of Utopian living.
Things to understand about Phases 5 & 10
- They have not had an election, budget, or board meeting in two years (just like the Master Board...surprised?)
- They have no emergency number to call if there is an issue with their building. Apparently they are expected to call Robert Sher, leave a message, and wait 24-48 hours for a call back during an emergency.
- We have reason to believe that these phases are drastically under-insured and that the Sher group gave false square footage information to their insurance agent in order to get lower premiums for these phases. This could cause serious legal problems if there is a claim.
- Phases 5 & 10 are having their costs subsidized by the Master Board. This means that the roughly 325 Cedar Run homeowners who don't live in these two phases are paying to help these phases keep their costs down. Whether it's water bills, oversight committee fees, or insurance, it's called commingling of funds, and it's illegal. See the check images below.
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Snow Removal
Snow Removal
Notice no more bragging about how wonderful our snow removal service has been this year. Apparently Robert Sher even knows we won't buy it. Instead, he points to the large snowfalls we've had this year as a random 'trivia fact', but really he is just making an excuse for being ill-prepared. He also points out that de-icing salt prices are high, apparently to explain why our streets, driveways, & walkways are almost never salted.
Admittedly, the snow removal this winter is nowhere nearly as reprehensible as it was last year. But look at the courts of Cedar Run hours and days after a snowfall, and compare them to the courts of nearby Lexington Commons. You'll see the difference between a well-prepared and an ill-prepared snow removal service; a professional versus a semi-pro. Do notice that only in Cedar Run do we have snowbanks on top of storm drains, giving melted snow no place to drain--thus bringing us large patches of ice when the temperature drops again.
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Sher Fantasies - Phase edition
Sher's letter also contains a great deal of false information about
the responsibilities of your Phase association.Which brings us to a special edition of our 'Sher Fantasies' segment.....
Sher states that your phase is responsible for all drain pipes that run from your building to the sewer. WRONG. Your phase is responsible for the common drain lines up until they exit the building. As soon as they are outside, the Master Board is responsible for their upkeep/repair. Sher even tried to challenge this in court by fighting the Village of Wheeling over an ordinance violation. Like usual, he lost! This issue will become more and more important because these sewer drain lines are 40 years old and made from clay (like flower pot) material. Tree roots and the weight of the soil on top of these pipes is causing them to break and become plugged because they are simply past their useable life. It is no wonder that Sher wants to pass the inevitable replacement cost onto the phases.
Fantasy #2 Windows
In this newsletter, Sher states that your phase association is responsible for the upkeep of your windows. WRONG again! All windows, screens, and doors (including storm doors, sliding doors, and garage doors) are the responsibility of the HOMEOWNER, not the (phase) association. It's all spelled out in your phase's declarations.
Fantasy #3 'Everything' (?!?) inside the walls
Sher states that your phase is responsible for everything inside the walls of your building. WRONG again! If this were true, your phase would be responsible for your furnace ductwork, electrical wiring.......etc. The one item your phase might be responsible is certain types of plumbing which is explained below.
Phase responsibilities summarized
The most important thing to understand is a term called 'common element'. Common element is something that is common to multiple homeowners' units in a given building or throughout the entire property. If something is specifically part of your unit, it is not common element.
Examples of common element that the Master Board maintains are trees, streets, grass, and concrete walkways. Examples for the phase would be roofing, siding, & gutters.
When it comes to plumbing, it gets complicated. But understand one thing, if it's not part of the common element, it's the responsibility of the individual homeowner. If a pipe in your wall is one that serves more than one unit in your building, your phase association is responsible for its upkeep. If it serves only your unit, it is your property and your responsibility. If a water line leaks or ruptures, where it happens with respect to the main feed and the lines serving only your unit is critical in deciding who pays the plumbing bill. The same applies to drains. If a drain line backs up....the location of that restriction determines who is responsible.
Click HERE for a thorough, simplified list of Master Board, Phase, and homeowner responsibilities.
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The Pool
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Delinquencies
The Pool
After the immense political backlash that Sher experienced by keeping our pool closed for almost two straight summers, he is finally opening the pool for 2014. Apparently, the enormous, cost prohibitive water leak that allegedly prevented him from opening the pool last year (for which he naturally blamed the old board) has fixed itself.
Apparently Sher's plans of converting the pool to a year-round, indoor pool are on hold too ;-)
Ohh....and the lifeguards that have worked the Cedar Run pool for decades were nothing more than glorified babysitters, according to Robert Sher.
Teenagers will now be hired to check pool passes and to prevent residents from leaving their children unattended at the pool. Apparently they will call DCFS on any parents who don't stay with their children. Why not hire teenagers who are certified lifeguards and alleviate this entire mess???
Cedar Run's Homeowner's Handbook, which Sher refuses to recognize, had a very sensible pool policy that included lifeguards. There were plenty of restrictions on who could swim alone or who must be accompanied. This was based not only on age, but on swimming ability (which only a certified lifeguard can determine) and location within the pool area (kiddie pool, shallow end, deep end, etc). See the entire policy HERE.
History has shown that the Sher group is probably not prepared for the complications that will arise from this new pool policy. One can only hope that nobody is hurt or drowned while the Sher group learns by way of hard knocks.
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Delinquencies
Sher made a point in this letter to mention the unusually high delinquency rate in Cedar Run. (delinquency, meaning homeowners who are not paying their assessments). For once, we actually agree with Robert Sher that delinquencies are a major problem.
When some homeowners do not pay, the association has the same expenses but less income. This puts a financial drain on an associations funds and can often lead to assessment increases (or worse yet, a special assessment).
The entire concept of association living falls apart unless everyone pays their share. So remember that when your neighbors don't pay, it's you that is being punished. We all must pay our share.
However.........that said, we find it very ironic that Sher is now complaining about delinquencies when he had (arguably) the largest role in creating them. Before Sher came along, delinquencies were not ideal, but most of them were vacant units that were in foreclosure. Since Sher took over delinquencies have skyrocketed and spread to occupied units. Why is this?
- Sher initially encouraged delinquencies - often telling homeowners not to pay during his campaign. He promised many homeowners that he'd forgive their debt once he took over - that never happened!
- Sher created mass confusion regarding who to pay causing many homeowners to pay nobody. Letters telling people to tear up the payment coupons from their management company, cease & desist form letters with Anne Shaw's name on them, car-booting threats...the list goes on forever.
- Sher created a legal and logistical nightmare, making it difficult for everyone to collect. Temporary court orders preventing everyone from collecting, sloppy accounting records turned over to the phase associations, Sher falsely claiming control over certain phase boards (and suing). For most of 2013, neither the phases nor the Master board could collect without risking a violation of the Fair Debt Collection laws.
What Sher conveniently didn't write about
No more talk about Itasca or Barrington banks 'enslaving' you. No more talk about cutting your assessment to half of what it was in 2012. But this is old news...
Conspicuously absent from Sher's letter was the mention of how he was fighting to recover 'your money'. He's always boasted about this, but he always stopped short of telling us what money he will recover and how. Now, he has conveniently stopped mentioning it....just like how he no longer talks about cutting our assessment in half or making our construction loans go away.
This is something we feel Cedar Run homeowners deserve to know, so we will decipher the Sher code for you. When Sher talks about recovering your money, what he really means is that he is suing the old master board members. Sher has always claimed that Alma and the old board were guilty of every financial crime in the book and that he has irrefutable evidence to prove it. Apparently this evidence must not be very convincing, because Judge Rudy Garcia has thrown out Sher's case not once, but twice!! The first time wasn't enough for Robert. Sher filed an amended complaint to keep the case alive. As of about one week before the writing of this blog entry, Sher's amended complaint (2nd attempt) was also thrown out. Will he file another amended complaint? Or will he finally admit he has lost and move on?
Why is this important, you ask? Because Sher is fighting this frivolous lawsuit on your dime (hiring his sister-in-law to argue it of course). Not only that, but the people Sher is suing are being defended by the insurance company (under something called a D & O policy). The more money the insurance company must pay out for the defense, the more our premiums can go up. You might also find it interesting that we are paying Sher to show up to these court hearings (along with every hearing for every other lawsuit he has spurred). See check image below.
In Sher's efforts to recover our money, in reality he is just spending it!! Pretty irresponsible, don't you think??
------------------------------------------------------------------------------
Did you know....
That back in the summer of 2012, all of the propaganda mailings, meetings at the library, hot dogs & ice cream....everything that Sher did to convince Cedar Run homeowners to vote him into power (which we were told was out of the kindness of his heart) was paid for by guess who??? YOU!!! That's right, not only did Sher secretly put himself (and his family) immediately on the payroll when he took over, but he also paid himself back for all campaign expenses that put him in that position. Think about it... Imagine if a newly elected congressman paid himself back for campaign expenses with our tax money!! Same thing here, folks!! See the check image below.
Did you know....
That Robert Sher and Jack Shaw obtained Community Association Manager Licenses, a credential now required by state law for all property managers. Again, this was paid for by homeowner funds (surprised?). In a previous newsletter, Sher finally (kind of) admitted that he obtained this license on our dime. But then he stated that he obtained this license strictly so he could manage Cedar Run and not for any other purpose. This is an outright lie. See what the Shaw Real Estate's groups website says about their property management services. It is not coincidental that this property management page went live just a few months after Sher/Shaw got their licenses. Cedar Run homeowners' money once again being used to provide business opportunities for the Sher/Shaw family. See check images below.
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Bottom Line
According to the latest records we have, Sher is getting paid at least $2,500 per month of our money. That doesn't include the perks he gets or any other form of compensation that he hides in various reimbursement payments (where's our audit?). His father-in-law, Jack Shaw, gets over $2,000 per month of our money, to sit in his lovely home in Glenview and occasionally advise his protege, Robert Sher. Anne Shaw is raking in tens of thousands of Cedar Run dollars in legal fees, not including what she gets by soliciting homeowners via her connection to the board. Directors and/or their family members are on they payroll too. Our assessments have gone up and not down. We're stuck in endless lawsuits at our expense. We can't see a budget. We can't attend board meetings. There are no elections or any form or democratic process. Where is the transparency and checks & balances we were promised?
The Robert Sher experiment has failed, and it is time to move on. Join us in demanding our right to self-determination and getting Sher out of his position of power. It's time for the homeowners to RESTORE CEDAR RUN!
restoreCR@gmail.com
Thank you for a great and informative blog! I too hope that homeowners are willing to take action, but you haven't given us any information on exactly how we can take action. I hope you will post something soon with some ACTUAL steps that we homeowners can take to get our community back on track. I look forward to your next blog entry!
ReplyDeleteMany apologies for not replying to your comment sooner. If you've read our newest blog entry, you'll see that we have done exactly as you've asked. We are now collecting petitions to call for an election. In addition to the petition, there are other efforts underway to help empower Cedar Run Homeowners. Email us at restoreCR@gmail.com or call our new Homeowners' Hotline at 224-544-9058 for more details.
ReplyDelete