There have been three court appearances since our last blog post. Nothing major has happened since then, but we are getting very close to resolving all open concerns.
What we do know:
What still needs to be determined:
In the meantime, if you receive any correspondence from anyone claiming to represent the HOC or Oversight Committee, please bring it to our attention. Whether it's a mailing, posting on your door or garage door, sign posted on the property, or a phone call encouraging you to attend a meeting or sign something.....it may be a violation of the court's 'Stand-Still' order, and we'd love to know about it.
restoreCR@gmail.com
(224) 544-9058
What we do know:
- There will be an election in May 2015 for the entire HOC board
- The election will be supervised by a CPA firm to ensure it is administered correctly
- This same CPA firm will perform a full audit of all financial records, which will show how our money has been handled over the past 2-3 years
- In the moths leading up to the election, Robert Sher and Jack Shaw WILL NOT BE PAID with homeowner funds
What still needs to be determined:
- Who the receiver and/or management company will be (it is possible that a management company can serve as both)
- What authorities/responsibilities will go to the receiver and what (if any) will remain with the HOC board.
In the meantime, if you receive any correspondence from anyone claiming to represent the HOC or Oversight Committee, please bring it to our attention. Whether it's a mailing, posting on your door or garage door, sign posted on the property, or a phone call encouraging you to attend a meeting or sign something.....it may be a violation of the court's 'Stand-Still' order, and we'd love to know about it.
restoreCR@gmail.com
(224) 544-9058
Thanx for up date ,how much money is in the cedar run bank account ? these 2 clowns and the master board puppets need to be faced with criminal action and pay the comlex back for our funds that belong to cedar run not profit of of us !
ReplyDeleteAll good points. We will know more about the money situation after the receiver and accountants take over. Once this happens, any homeowner can request to view the financials, and they will not be turned down. The Sher group has rejected multiple requests to view the financials which is illegal.....one of the many illegal actions of this board.
DeleteAny updates?
ReplyDeleteWe believe that a receiver has finally been selected, but we are waiting for confirmation. The next hearing is on February 4th.
DeleteThe HOC is still playing procedural games to stall things as long as possible before the final order is entered.....objecting to every minute detail and asking for a continuance after each objection. Hopefully the judge will put an end to it soon.
Their motive, at this point, is to give the illusion that nothing is happening and that business is being run as usual......when in fact, they are in big trouble for their past actions and their failure to hold elections.
Keep in mind that the longer this drags out in court, the more it will cost us. Inevitably, the the HOC (aka master board, aka Robert Sher) will not get any serious concessions, so it is really pointless.
An update will be posted as soon as new information arrives and is confirmed.
thanx for the up date ,why is this dirt bag getting a continuance? he is guilty of all charges ?
ReplyDeleteI'm afraid it's just not that simple........civil court (more specifically 'Chancery Court which is what we are dealing with') doesn't quite work that way. It's not like criminal court where there is a trial, determination of guilt, and sentence.
DeleteHere, it's all about adherence to state law and Cedar Run's Bylaws. Plaintiffs argued that Sher and the board do not comply with either. Sher's attorneys argued that they fully comply with both. The judge agreed with the plaintiff, and encouraged both sides to work up an agreement on how to get them into compliance.
The only thing that has officially been ordered so far is the stand-still order. Once both sides have an 'agreement', the judge will sign and stamp it, which will officially order both sides to follow the agreement. When the two sides can't come to terms on something, they have to bring it in front of the judge and persuade the judge one way or another.
The Judge has made it very clear how he feels about how Sher and the board have operated, and he will make his rulings accordingly - election in May, receivership until then, full audit of the financials to be performed immediately, and a few other conditions.
Sher has instructed his attorney to object to basically everything, which would then get argued in front of the judge; the judge would disagree with the objection and instruct the parties to come back to court in a week with an agreement. Then Sher would find something else to object to, argue it in front of the judge, get the objection shot down, come back to court in a week.......lather, rinse, and repeat. (sorry for the cliche!)
At some point, if the judge has finally had enough, he has the authority of granting 'injunctive relief' to the plaintiff and putting the kibosh on Sher's stalling efforts. Apparently, he isn't fed up enough to make that call yet.
So....how are bills being paid? Clubhouse... com ed...insurance...things the Masterbiard/Over site Committee is responsible for........and if anyone slips on ice..due to lack of salt put down... Who is at fault? I have almost fell numerous times bring out the garbage on my court...
DeleteSorry for the delayed reply.
DeleteAny bills that need to be paid while we are in "legal limbo" and waiting for a receiver to take over will still be paid, provided that all parties in the suit are informed and agree that they must be paid. None of the parties have or will stop any of the essential bills from being paid.
If a request to pay Sher or Shaw is made.......that one might not make the cut. But Insurance, utilities, etc. will most certainly be paid.
As for who is liable or responsible for snow removal and maintenance, nothing has or will change. When the receiver steps in, he or she will be in charge of administering the HOC's duties, but the HOC is still the responsible entity.
Hopefully that doesn't confuse matters for you more.
As for snow removal.......this is an extraordinary storm, and we can't immediate results. However, as has been the case in the past, Sher is relying on a snow removal service that is staffed with an inadequately sized crew and an inadequate amount of equipment.
The true test will be after all the public streets and walkways are clear. If Cedar Run's streets and walkways are still piled high and unsalted, we will know exactly why.
don't blame it on Zac ? Remember ALMA and the old master board ? oh yah ? '' Alma & Zink snow removel service'' was terrible remember the home owners shoveled and worked as a team I think we all need to let the court handle this mess that both sides of the coin created
DeleteTo be clear, nobody is blaming Zac for anything. Zac and his crew have worked tirelessly, round-the-clock at times, to do the best job possible. But Zac's consists of two pickup trucks, one Bobcat (which sat broken down in the clubhouse lot during the entire snow event), and half a dozen men at best. Arguably, this is not enough to handle a development the size of Cedar Run.
DeleteIs this Zac's fault? Absolutely not. He is a small contractor whose only snow removal client is Cedar Run. He couldn't possibly afford to double his crew size and purchase additional equipment just for this one client.
The responsibility falls on Sher, who knows Zac's limitations but proceeds to hire him as our plowing service with no other provisions to account for heavy or extended snowstorms.
Also, it is Sher, not Zac, who chooses to almost never throw salt, even though it is a safety concern on walkways especially.
As you have said, we can only wait and let the courts neutralize this situation and let the homeowners determine Cedar Run's future and express how they feel about all pressing issues. It has been almost three years without an election, and homeowners deserve to be heard.
Ya...who is at fault? Snowed in here...only have had my sidewalk done once today....I know it is bad out..but Our Assessments cover snow removal....... My court looks like a side street of Chicago
ReplyDeleteDo we have a update yet? Hope it is all over.......The judge must have a lot of patience! To allow this to drag out.......Also....are payments still allowed to be taken at the club house? a lot of people going in and out yesterday.....
ReplyDeleteStill waiting to find out what happened in court yesterday. Blog will be updated with any new information.
ReplyDeleteAs for payments at the clubhouse, if they still have staff there to accept payments, then you can still make your payment there. However, all of their previous notices did say that starting with the payment for March, payments must be mailed to the Chicago PO box address.
If you do make your February payment in-person at the clubhouse, you may want to ask them what will happen in March.
As for why there was so much traffic at the clubhouse last night, the question is whether people were there to simply make payments......or were they called into the clubhouse for some sort of meeting? If it's the latter, then the HOC is violating the stand-still order.
Thanks for your comment and please keep us posted if you see any suspicious activity at the clubhouse.
whats up with the garbage containers on the cts not getting emptied 3 times a week or for that matter why let them over flow ?Are the 2 cry babies '' Robert & jack'' not getting paid so don't pay the garbage man ?
ReplyDelete...Waste Management said when I called to complain...that I needed someone from my Management Company to call.....Who is that?
ReplyDeleteWe will post an update as soon as we have more info. There was a court date today (Friday, 2/6/15). There is a possibility that something major happened, but we just don't know yet.
DeleteHowever.........regardless of who the manager is, you can always call the Village of Wheeling's hotline for code enforcement complaints (847) 459-CODE. If you leave your number, they WILL follow up with you. Or you can remain anonymous if you prefer.
They have cited Sher in the past for having dumpsters in a state of disarray. They have even cited him for snow removal issues.
It will take some time for the village to catch up on all the legal happenings in Cedar Run, but if they are getting complaints for residents, they will make sure those complaints are resolved.
Let us know what happens.
Garbage was picked up this morning.......
ReplyDeleteAny news of Last Friday?
ReplyDeleteStill need to review the transcripts for the details, but a TRO was signed, which put an end to the stalling tactics. Stay tuned.
DeleteWell that is a start....Can Sher still pay is clubhouse staff?
ReplyDeletePlease take a look at the latest blog post, which also includes a court transcript from 2/6/15.
DeleteAlso, when we stated in our reply to your previous comment that a TRO was signed, we do still need to confirm this by seeing the actual signed, stamped order. But as you'll see in the transcript, the judge stated that he intended on signing one on Friday afternoon.
About clubhouse staff.....NO CHECKS can be issued without approval by all parties on the litigation. Eventually, that authority will go to the receiver, and he/she will be able to make payments (as long as they are below a predetermined amount) on behalf of the association. Anything above that predetermined amount must be court approved.
So to answer your question....NO, Sher cannot pay clubhouse staff or any other staff......unless he gets permission via the court.