Monday, February 9, 2015

Cedar Run Legal Update - 2/6/15 Court Transcript Available

On Friday, 2/6/15 , after almost two months of the Sher group's stall tactics, frivolous objections, and refusal to accept the inevitable ruling against them, the Judge has FINALLY put a stop to it!

Feel free to read a transcript of the proceedings by clicking HERE.

On 12/22/14, the Judge made it clear how he felt about the Sher group's Bogus Bylaws and their right (or lack thereof) to govern under them.   He then afforded them every opportunity to work out an agreement on how Cedar Run would transition to the control of a third party (aka 'receiver'), who would ensure that the association were run legally up until a May 2015 election.

Long story short, Sher and the HOC board refused to accept any terms that would relinquish ANY of their authority.  This unrealistic expectation and refusal to accept the consequences of their past actions will likely lead to them being stripped of virtually ALL of their authority.

What happens next?

  • As mentioned in the transcript, a T.R.O. (Temporary Restraining Order) will be entered.  (It has most likely already occurred, but we will not report it until we have confirmation) ***UPDATE*** Confirmed! We are now in receivership.***
  • This T.R.O. will likely name a receiver and spell out details on the receiver's authority. ***UPDATE*** Al Schroeder from a management company named Heil, Heil, Smart, and Golee is the receiver.***
  • There will be complete financial audits going back to Fiscal Year 2011.
  • The election will be sometime in May, but there is slight chance it could get postponed if the above audits are not complete and available to homeowners by then.
  • And once again, we are proud to say, NO PAY for SHER, SHAW, ANY DIRECTOR, OR THEIR FAMILIES!!
Once the details are known, we will post them on this blog, so please stay tuned!

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9 comments:

  1. Finally the sun may shine again in Cedar Run

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  2. Great news.? sher group still controls 3 phases ?

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  3. Great question, but there really isn't a simple answer. Sher's takeover of those phases weren't done legally. But as we have learned from the Sher group's illegal activity with the HOC, they can't really be held accountable unless they are sued.

    That said, the contracts the Sher uses as evidence that he controls these phases state that all of the phase's management and all of the phase board's responsibility will be delegated to the HOC. This itself is illegal because the phase declarations do not allow for such a takeover.

    Once receivership is finalized, Sher will no longer control the HOC......and therefore, logically these contracts will not give him any control over those phases.

    The receiver will not manage these phases because the above contracts have no legal bearing. So the phases are basically left in legal limbo. Sher may continue to manage them simply because nobody else will.

    Two of these phases have not held a meeting or election in over two years (sound familiar?). The third has not had an election with quorum in over two years (because not enough homeowners have participated).

    Bottom line is that it is up to the homeowners in those phases to get together and call for an election of new directors of these phases. Once the HOC is in receivership, Sher will no longer be able to point to these contracts to justify his continued involvement.

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  4. thanks for clearing that question, say we get a new management for masterboard? instead of 1 for the entire complex we will have 4 ? we now have [ 1.Alma ,{ 2.Apm { 3 Sher ,? ] [4 NEW Management, WOW ...I got to go take an asprin! LOL

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  5. I hope we can get one...but I know that may be way down the road.......but we are at a Great start...getting rid of Sher/The HOC......I want to stress that all homeowners need to be involved in this...the only way it can fully work is if we continue to be herd on the issues that concern us the most.....The Master Board is elected by us and therefore they can only work if we express ourselves!

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  6. Pretty crazy and pretty sobering, eh?

    Couple things to keep in mind:

    This "new management" is only temporary until a proper election has been completed, unless a newly elected board decides to hire them permanently. They may not necessarily be interested in managing Cedar Run permanently, so that could be a nonstarter.

    Second and most importantly, the phases will also have an election in May while the HOC (aka master board) will have its court-ordered election. At that time, it is important that you make it clear to anyone who wants your vote that you would like to see Cedar Run under one management company.

    Third, please read through the links on this blog site, and you will find our core values, which include singular management and a single assessment payment. Note that the singular management would be a new company, not Alma, not APM.

    With participation from enough concerned homeowners, we can definitely "steer the ship back on-course".

    Thanks for commenting.

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  7. Did they replace locks on club house yesterday the locksmith truck was in parking lot also what about the camera system at clubhouse and the system sher has in his home ?also rules stated to be a board member must be up to date on assessments ,charing home owners to park over note on streets ?alma never charged only requirement have 3vehiles registered to address as a phase officer we are registered with the state are the master board registered ?I suggest have phase officers take over the master board because the phases no what's needed we have to open our ideas to make cedar run afordible and respectful again Sher you did remodel clubhouse with our money without taking a bank loan so that's the good side of you?the other side dishonest lier

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    1. We have confirmed that the court order for receivership did finally go into effect, but we were not aware that a locksmith has already been to the property. They apparently act very quickly.

      Please stay tuned. We will be posting a copy of the official order sometime this afternoon/evening, which will include the name of the receiver and specify the receiver's responsibilities.

      As for the camera systems, they are HOC property, and legally speaking, the receiver now controls them. We will see if he cooperates and gives the receiver full access to them. The cameras purchased for his house are something that should come up in the audit.

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