In an invoice/letter dated 3/9/15 that Robert Sher sent to HHSG (the receiver), Sher has demanded that he and Jack Shaw be paid an immediate sum of $17,645.64. This is allegedly 'owed' to them for their 'services' from December of 2014 through February of 2015.
Furthermore, Sher's letter also states that he and Jack must be paid a total sum of $5,881.88 EVERY MONTH going forward until the YEAR 2020!!
In the letter, Sher claims that the (now ousted) master board had made an agreement with the 'oversight committee' (Robert & Jack) to pay them every month for five years with an optional three year extension (total of eight years - i.e through 2020). Sher claims that he and Jack are owed this money because of the 'savings' they created for Cedar Run.
This letter was presented in court by the receiver on 4/22. The receiver HAS NOT paid anything to Robert or Jack, and in the receiver's own report, he "[does] not recommend payment based on previous court decisions...." In other words, he will not make this payment unless told by the court to do so.
Next Hearing 5/5/15
We will not speculate on how the judge will rule on this matter. We will let him speak for himself at the 5/5 hearing.
But keep the following things in mind.
- Sher's letter claims that there is an 'agreement' with the Master Board, but it stops short of using the word 'contract'. This may indicate that there was never any kind of written agreement or obligation for the board to pay him indefinitely.
- The board that supposedly made this agreement likely had no legal right to make such an agreement. This is primarily due to the fact that they were operating under a bogus set of Bylaws. Also, they almost certainly did not have enough directors to make up a quorum as defined by our true governing docs.
8 Year Agreement
To give an idea of how ridiculous the terms are of Sher's so-called 'agreement', we thought we'd show an excerpt from a typical, professional condo property management contract.
TERMINATION OF AGREEMENT
The Agreement may be terminated by either party with or without cause, upon sixty (60) days prior written notice.
What does this mean?? It means that a board of directors has the right to fire their property management at any time and for any reason, as long as they provide sixty days notice.
Conversely, in the case of Robert Sher.....
He first tried to adopt Bylaws that make him (and Jack) virtually impossible to fire. Now, he claims that there was a five year agreement to have them both paid -AND- a three year 'optional' extension that is somehow already in effect (even though the first five years has not yet elapsed). And even though both he and Jack have been ousted from any management role on the property, Sher still claims that the agreement entitles him to payment.
In Closing
While we must wait patiently for the completion of the financial audit results and election announcement, we ask all Cedar Run homeowners to keep the following in mind:
When Sher campaigned for your vote in the summer of 2012, did he mention anything about putting himself (or Jack) on the payroll for almost 6 grand per month? NO!
Did he mention anything about abolishing elections, scrapping the bylaws, or signing himself to an 8 year contract and no possibility of being fired or removed? NO again!
Had you known these were his plans, would you have voted for him? We hope NOT.
.....And we hope that the past two years will serve as a lesson to all homeowners when making their decision in the upcoming election as well as their phase elections.
Check back regularly for more info.
We'd love to hear from you!
(224) 544-9058
