On December 9, 2014, Judge Rodolfo Garcia of the Cook County Circuit Court Has DENIED THE SHER GROUP'S ATTEMPT TO AVOID AN ELECTION!
The judge also refused to recognize the bogus bylaws that Robert Sher has been using to justify his actions.
WE HATE TO SAY WE TOLD YOU SO BUT......
All smugness aside, we the Cedar Run Concerned Homeowners who have brought you this blog have stated all along that Cedar Run was due an Annual Meeting (election) in 2013 and 2014. We have stated that Robert Sher's excuse for not conducting these meetings has NO LEGAL BASIS WHATSOEVER.
We have also given a multitude of reasons why the bylaws Sher created in December of 2012 were (and still are) illegal -- Sher never followed procedures to amend the real bylaws; He never recorded the his new document with the county; Most of it contradicts state law; It was developed & implemented in secret; and the list goes on....
These two issues were finally presented in a court of law, and the verdict confirms what we've been saying for almost two years!! That Robert Sher is NOT running a Legal and Proper organization!
Details of the Ruling
We are still waiting to hear more details such as:
What we do know is this:
In closing, this ruling may have taken months longer than what we'd all hoped for. But this is still a Landmark ruling that could have a major impact on Cedar Run. Cedar Run homeowners will finally have their chance to decide how they feel about their community under the rule of Robert Sher. WE DESERVE OUR RIGHT TO SELF-DETERMINATION!
If you haven't done so, please don't forget to visit our ACTION page. Feel free to leave a comment, voicemail, text, or email with any questions or concerns.
restoreCR@gmail.com
VM/Text (224) 544-9058
The judge also refused to recognize the bogus bylaws that Robert Sher has been using to justify his actions.
WE HATE TO SAY WE TOLD YOU SO BUT......
All smugness aside, we the Cedar Run Concerned Homeowners who have brought you this blog have stated all along that Cedar Run was due an Annual Meeting (election) in 2013 and 2014. We have stated that Robert Sher's excuse for not conducting these meetings has NO LEGAL BASIS WHATSOEVER.
We have also given a multitude of reasons why the bylaws Sher created in December of 2012 were (and still are) illegal -- Sher never followed procedures to amend the real bylaws; He never recorded the his new document with the county; Most of it contradicts state law; It was developed & implemented in secret; and the list goes on....
These two issues were finally presented in a court of law, and the verdict confirms what we've been saying for almost two years!! That Robert Sher is NOT running a Legal and Proper organization!
Details of the Ruling
We are still waiting to hear more details such as:
- Exactly how many director positions will be up for vote
- How the election will be noticed and supervised to ensure fairness/accuracy
- When the election is likely to take place
What we do know is this:
- Cedar Run's original bylaws from 1972 are still the true (and only) bylaws for Cedar Run
- These bylaws clearly state that an annual meeting must be conducted in May of each year to elect/re-elect four directors.
- Since there were no annual meetings in 2013 and 2014, Cedar Run must call a special meeting (election) to fill any director seats that would have been available in both of these two skipped elections (possibly more due to past resignations).
- Expect him to read this blog and do something to try and make our predictions appear wrong.
- Thanks for reading, Robert! Don't forget to subscribe!
- Expect him to continue denying that an election is required, citing the same excuse about 'Dissolution of the Corporation'.
- The courts have never accepted this excuse, as we knew they wouldn't.
- Expect him to continue saying that the very lawsuit that about the election is part of a conspiracy, funded with your money, to try and take over Cedar Run and 'steal' all of the money that he has 'saved you'.
- Short answer, it's NOT! It's a counterclaim to his efforts to sue the old board. NO HOMEOWNER MONEY used to fund it.
- Expect him to call another one of his 'Homeowner Meetings', where he will give us another fancy Power Point presentation and try and twist the facts to suit his narrative.
- No matter what he says, the court does not support his position on the bylaws and election.
- Expect more and more Clubhouse parties, car registrations, ice cream socials, grand opening celebrations, etc......anything to give Sher and his disciples more face-time with homeowners, and expect to be solicited for signatures or proxies at these types of events.
- YOUR money once again being used to solicit YOUR political support.
- Expect even more aggressive attempts by Sher to smear, intimidate, and discredit anyone who opposes him. He has already tried to name names and incite hatred, falsely accuse people of being racists, and describe them as criminals and conspirators of evil.
- Their only crimes were their public opposition to Sher's policies that are now proven to be ILLEGAL in the eyes of the court.
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If you haven't done so, please don't forget to visit our ACTION page. Feel free to leave a comment, voicemail, text, or email with any questions or concerns.
restoreCR@gmail.com
VM/Text (224) 544-9058
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YES FINALLY............I WANT ALL HOMEOWNERS TO KNOW WE STILL HAVE A LONG ROAD AHEAD OF US.....BUT IF WE UNITE TOGETHER..ALL AS ONE..WE CAN MAKE CEDAR RUN THE WAY IT SHOULD BE.....A COMMUNITY WHERE ALL HOMEOWNERS ARE HERD BY THE MASTERBOARD AND MANAGEMENT COMPANY....BUT THE ONLY WAY THIS CAN BE DONE..IS IF WE ALL WORK TOGETHER.......FELLOW HOMEOWNERS BOTH THE OLD MMASTERBOARD & NEW HAVE NOT DONE THIS SOME FEEL....WELL...THEN VOTE IN THE NEW ELECTION...GO TO THE MEETINGS...GET INVOLVED......BE HERD.....RAISE YOUR CONCERNS..VOICE WHAT YOU FEEL SHOULD OR SHOULD NOT BE DONE.....CEDAR RUN WILL SHINE AGAIN!
ReplyDeleteThanks for your encouraging comment. We will post more details as they roll in. We are working on getting copies of court documents with details about what happened in court. But we do know that Sher's argument why he doesn't need elections (which was based on the bogus bylaws) was shot down. The 1972-3 bylaws still control.
DeleteWhat do we need to do to get the judge to mandate a forensic accountant?
DeleteIt is highly likely that there will be accountants at the election, acting as auditors to ensure an accurate vote. The judge totally understands that we are dealing with a group that cannot be trusted. Left to their own devices, the Sher group would probably try to pick & choose whose proxies to accept or disqualify. They may even go as far as stuffing ballot boxes or manipulating the vote count. The judge knows this.
DeleteAs for mandating a forensic accountant, that may be beyond the judge's authority for this particular case, where the central focus is elections. It would be up to the new board that replaces the Sher group to hire a forensic accountant or certified fraud examiner.
One of many reasons that the Sher/Shaw group will not go quietly is to conceal the information that could potentially be uncovered from a forensic audit.