At the last court hearing on March 10th, the receiver presented his first report to Judge Garcia. There were a myriad of issues that the receiver had already discovered after only 3 weeks of managing Cedar Run. We will provide a more detailed summary of them later.
Receiver's report can be found HERE
A transcript of the 3/10/15 hearing can be found HERE.
Two issues that stood out to the Judge specifically involved Robert Sher's actions and his failure to obey the Judge's orders.
The Judge was very displeased after learning of the above actions by Sher. In response to this, he issued a "rule to show cause" against Robert Sher, with a hearing date of 3/25/15 at 2PM. The purpose of this hearing is to determine if Robert Sher did directly violate the Judge's orders (T.R.O. and stand-still order). And if so, what the "remedy" (presumably punishment, penalty, or restriction) will be for such violations.
Receiver's report can be found HERE
A transcript of the 3/10/15 hearing can be found HERE.
Two issues that stood out to the Judge specifically involved Robert Sher's actions and his failure to obey the Judge's orders.
- The letter that Sher sent to all Cedar Run unit owners
- The letter proclaimed that Sher would have lowered the assessment fee to $65
- It also encouraged homeowners to take action before the May elections
- The receiver's comment that Sher was obstructing their efforts to access HOC expense records
- These records were stored online with Robert Sher controlling access.
- Sher first restricted access, then eventually removed them.
The Judge was very displeased after learning of the above actions by Sher. In response to this, he issued a "rule to show cause" against Robert Sher, with a hearing date of 3/25/15 at 2PM. The purpose of this hearing is to determine if Robert Sher did directly violate the Judge's orders (T.R.O. and stand-still order). And if so, what the "remedy" (presumably punishment, penalty, or restriction) will be for such violations.
***UPDATE***
Robert Sher in contempt of court! See comments section.
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Please stay tuned!!
restoreCR@gmail.com
(224) 544-9058
The details are sketchy, but we've been informed that Robert Sher was found to be in contempt of court today......what this means as far as potential consequences in not known.
ReplyDeleteIt is also our understanding that the receiver will address the Cedar Run homeowners (by mail) on the specific topic of Sher's letter and how it was in violation of the court order.
The letter caused a great deal of confusion among many homeowners, and some actually thought they were being instructed to start paying only $65/month.
Great news! We all can hope there is more to follow....Is there another court date?
ReplyDeleteNot sure if there will be another court date on this specific issue. Please stay tuned.
DeleteThe receiver will be back in court in the second week of April, and he will present his next report.
Now that more specifics have come to light can we hope for criminal proceeding, hopefully a Rico charge against his family?
DeleteSorry...We're going to refrain from making any assertions about criminal matters.
DeleteTo be clear, everything that has happened thus far has been in Cook County Chancery Court, which is a type of civil court.
concidering the facts disobeying the T.R.O Robert sher should be locked up for a felony crime ,you ask why ?his notice stated $65.00 assessment that said would be a felony for monies home owners did or maybe were going to send to Robert I suggest the animal that he is be sent to prison a minimum 5 years and a $100.000 fine, repay every home owner back money forclosing the pool ,costing us to pay more to our phase assessment for insurance that the master board dropped on phases ,the lists go's on most important thing that should happen revoke jack & ann shaw license revoke Robert sher from our community !
ReplyDeleteI wish I could understand why The Judge did not render a judgment on Sher for being found in contempt.... and why The receiver continues to allow Zac's to have his equipment at the clubhouse on the grass causing damage... Who pays to have the grass restored? Also... Who pays for the damage left in the clubhouse washrooms? I really feel Sher should and also pay back the money he used to. License Jack Shaw and himself to be Property Managers and what they took as pay for being the so called Oversight Committee......
ReplyDeletethe judge&court system is corrupted !if Robert was guilty of a T.R.O ?then why is a free man still have a license to steal ,good for him neighbors remember at the library when Pablo & his buddy were thrown out he said to us all get out of cedar run while you have a chance I suggest we TAKE HIS ADVICE
ReplyDeleteNot everyone has the money to leave Cedar Run....I feel we are being left in the dark. Thus blog us the only way we find out what us going on. We have a Receiver...why can they not hold a meeting to explain everything? Also..thus judge seems to be allowing Sher too much time to do things....Sher was found in contempt...he needs to pay! Us homeowners may need to rally together at court to push the issue.. Oh..U forgot we have a Receiver...Well..then why are they not? Too many questions going unanswered
ReplyDeleteThanks to everyone for commenting. We expect to have a transcript from the hearing within the next few days. It should give everyone a better idea as to what happened.
ReplyDeleteWhat we do know is this:
Sher was found to be in contempt of court, specifically because of the letter he sent to all unit owners.
The judge did NOT address the issue of Sher withholding financial records, and it is our understanding that Sher is still not cooperating. This will come up at the next hearing in about 10 days. There may end up being another special hearing for that issue.
Anne Shaw was kicked out of the courtroom for interrupting the judge while he questioned Caryn Shaw. Based on the last court transcript, he seems to be getting tired of Anne's rhetoric.
Up to this point, the receiver is updating homeowners by sending monthly letters. We should expect one soon. The receiver also writes a detailed report every month and presents it to the judge. This report becomes public record once it is presented in court, and we will always put it on the blog. We STRONGLY suggest that homeowners read it because it provides a lot of detail.
The receiver may hold meeting at some point, if enough homeowners express interest in one. They may need to request permission from the judge. For now, any homeowner is welcome to stop over at the clubhouse during office hours and ask questions. Many homeowners have done this and found it to be very informative. Ask for Joe.
Stay tuned for the transcript.
this report that will be public record then why not get the news media involved ?why are we keeping quiet ?if sher is so guilty ,&shaw removed from court room why is she still have a license ?also a homeowner mentioned zacs equipment at club house damaging the grass not to mention eye sore since we are paying more towards our phase for insurance $125.00 is to much to pay h.o.c I suggest we do our home work and reavaluate h.o.c the property is terrible,locust street need replacing ,clubhouse is not finished also who is that guy picking up garbage is he the guy that worked for sher? ,who is paying this guy ?we need to get a meeting with this receiver
ReplyDeleteYou can rest assured, nobody is keeping anything quiet.
DeleteRepaving streets is something that the new board will need to address. It was something that the former board, under Alma's management did have in their reserve budget. The Sher group chose to do patchwork repairs, bank any money that was earmarked for pavement replacement, and call it a cost savings. Depending on how the financials look when receivership is over, the new board may still need to defer the work to next year. It shall be interesting!
Some of the workers may have been retained for groundskeeping. If you noticed in the receiver's report, they were trying to figure out if these people should be considered employees or contractors. If they are contractors, they should at least be bonded and/ or insured.
If you are interested in a meeting with the receiver, you are encouraged to tell them. The more homeowners who tell the receiver they want a meeting to clear up any questions and concerns, the more likely we are to get such a meeting. The receiver will need to ask the judge before holding such a meeting. If you contact them soon, they might address this at the next court date.
I would love a meeting. Not going to the clubhouse when there are people working there that are still loyal to Robert Sher....even if the receiver interviewed them all...There are still snakes/rats in the clubhouse!
ReplyDeleteIf you are uncomfortable making an in-person appearance at the clubhouse, you can always call or email the receiver. If you would like some specific contact info, email us at restoreCR@gmail.com. We prefer not to post it publicly on the web.
DeleteI have not received any paperwork in regards to The April HOC assessment... Can I just send it without a stub?
ReplyDeleteIf you still have the last letter from Heil & Heil, it included the payment address (Los Angeles, CA) and your account number. As long as you send it in with the account number on the check or an enclosed note, you will be fine.
Delete