Wednesday, April 1, 2015

Cedar Run Legal Update - 3/25/15 Transcript Available

Dear Cedar Run homeowners,

We have now obtained the court transcript from the Rule to Show Cause hearing against Robert Sher.  It is quite long, but it contains some very telling information, including a sworn testimony from Robert Sher himself.

You can read the transcript by clicking HERE.

***UPDATE***
COPY OF COURT ORDER NOW AVAILABLE
CLICK HERE
**************

For now, here are some highlights:


CONTEMPT OF COURT
Judge Garcia did rule that a letter sent by Robert Sher in early March DID VIOLATE the TRO order (and/or the stand still order).  Therefore, Robert Sher was found in contempt of court.

The Judge stated that Sher's letter, despite a small disclaimer, was still an attempt to communicate with homeowners in an official manner (page 47, line 14).  The large headlines about assessment reductions, the countless references to his actions while on the oversight committee, and even the return address on the envelope claiming to be from "Cedar Run" (see below), were enough to convince the Judge that Sher was simply trying 'get around the order' but still communicate with homeowners in an official capacity.

Return address from Sher's March 2015 mailing


SHER'S TESTIMONY


Robert Sher insisted that he has done "nothing but good" for the Cedar Run community.  That's right, folks...NOTHING BUT GOOD!  He says it at least twice during his testimony (page 14, line 12; page 15, line 17) .  We won't even touch this one right now.  We find the truth to be quite self-evident on this topic.

The blog continues to gain notoriety.  Robert Sher says the word 'blog' (referring to THIS blog) at least 10 times during his testimony.  He tries to argue that the information we disseminate on this blog is false and that he was entitled to issue his letter (as an individual) and defend his name.

Our response:  The information on this blog is not only TRUE, but we back it up by posting documents and evidence that PROVE IT IS TRUE.  When this information is not favorable for the Sher/Shaw cause, Robert Sher resorts to measures like telling owners that the court transcripts we've posted are fake.  The truth has almost always been against the Sher/Shaw group's interests, and Sher will go through great lengths to suppress any facts that aren't favorable to him.

That said, we'd like to thank Robert Sher and the entire Shaw clan (Barbara, Jack, Anne, and Caryn) for reading and following our blog.  Many thanks as well for providing the feedback (in court) that proves that this blog has made a difference.  Your feedback tells us that this blog has provided Cedar Run homeowners with the badly needed counterpoint to a narrative that the HOC (under the direction of Robert, Barb, & Jack) has created via their slanderous, self-aggrandizing, so-called 'Newsletters', and the (even more slanderous and self-aggrandizing) clubhouse presentations.



Anne Shaw Removed From Courtroom


After interjecting multiple times and trying to object to other arguments made in court, Anne Shaw was told by the Judge to leave the courtroom (page 34, line 20).  Apparently the Judge would only allow one Shaw sister to speak or object on behalf of Robert Sher, and the Judge decided it should be Caryn Shaw.  Anne apparently did not respect this, so OUT THE DOOR SHE WENT!!

While this incident may be quite embarrassing for Anne Shaw professionally, it really had no bearing on the Judge's ruling.

Consequences

While it is still not clear what type of sanctions there will be for Robert Sher (if any), we do know that a letter will be issued and sent to homeowners by the receiver.  This letter will address all of the major points and falsehoods in Sher's letter, in an effort to clear up any confusion it spurred.  Timeline of this letter is still not clear.

****UPDATE****
The letter that will be sent by the receiver will "purge the civil contempt", meaning that there will be no further sanctions against Robert Sher. (page 3, paragraph 3 of the court order) so long as this letter addresses all concerns raised from Sher's letter.

The Judge will be reviewing drafts of the receiver's letter in court on April 13th, 2015, and he will hopefully make a ruling as to its contents.  That said, the earliest we would see this letter in our mailboxes would be the 3rd week of April.
****************

What we must also clearly state is that the order against Robert Sher for contempt of court is NOT any kind of CRIMINAL verdict.  The Cook County Chancery Division is a CIVIL Court.  Based on some of the reader comments on previous blog entries, we feel it is important to make this distinction.

Still Unresolved

One significant issue that the Judge decided not to address at this hearing was Sher's handling of documents that should have been turned over to the receiver.  To recap, on March 10, 2015, the receiver's report stated that certain expense records had not been turned over by Robert Sher.  This was supposed to be addressed at the 3/25 Rule to Show Cause hearing.

The Judge decided not to address this on 3/25, because he had received a written reply from Shaw Legal Services that appeared to be satisfactory.  However, based on comments made in court by David Bloomberg, the receiver and accountants may not totally concur the reply from Shaw Legal Services.  This issue may very well come up at a future court date.

Check back regularly for more info!
(224) 544-9058


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20 comments:

  1. Thank you for the update! The road is still long. But the truth is out! Cedar Run us on the road to recovery... Our voices still need to be herd through attending both Phase & Master board meetings...no matter what ethic background you are......It is important so that nothing like this will happen again...

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    Replies
    1. Great point about participating in meetings. Homeowners' concerns and questions can never be addressed if they choose not to participate.

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  2. Thank you for all the updates!! This IS the only place to find the truth as Robert Sher would only feed us his propaganda like a typical crooked politician would do. It doesn't surprise me in the least that his wife's sister, who was also on the payroll of our hard earned money (not by our choice!) ran for Alderman in Crook County....a state where 4 of our last 7 governors went to prison.

    I have had enough....unit owners have had enough of him and his families dirty tricks. No one wants to see another letter from him as it disgusts us all. You know his own "followers" don't even like him. They would just tolerate him because they were on the payroll too. With all these truths coming out they will find that he screwed them over too by not managing things correctly, such as how they got paid.

    Fear no more though. Any control he had has been ripped away from him. He can no longer scare us by telling us our homes, pets and jewelry will be taken away....which was all done to scare unit owners anyway. Pretty darn sad...and desperate.

    We can now look forward to a brighter future and start anew. I look forward to seeing how things unfold and am definitely in full support of this change.

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    Replies
    1. Thanks for a very insightful comment. Starting anew is exactly what we want. With this great crisis comes great opportunity start things off right.

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  3. if any one under stands contempt of ciil court means nothing the cartoon of Robert was cute but shaws cartoon getting removed from court so what it looks exciting if this was criminal court but we are not! home owners drive or walk down Lexington towards lake-cook rd look how nice the complx is ,that's how are property could&should look like a gulf course NOT a DUMP !everyone in here we need to get both sides out of here cause they are draining what we could have the only good SHER did was get exterior of clubhouse remodeled with OUT a bank loan! that old masterboard was good for putting complex in further dept as we all no LOL not one board member had any knowledge or experience just gable with our money I hope non of these past board members try to run cause we no who you are and we don't want you back I still say sell while you have the receiver here .

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    1. Thanks for your comment. Your reference to Lexington Commons is duly noted. In fact, we have made the same reference on this blog before. You can see the difference between a well managed, financially sound development versus what we have in Cedar Run. One other stark difference that we must point out is that Lexington gets a great deal of a participation from its homeowners when it comes to association functions. This has historically not been the case in Cedar Run.

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    2. If you do not like the way things are...Run for the Master board...not all that easy.. When you do not have homeowners going to meetings to voice their opinions.. But ranting and raving about things! You want Cedar Run to look good get involved!

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  4. It's sad to know that this complex use to look like Lexington Commons. Yes, you definitely can see the difference with a well managed development. I never remember being asked as homeowners about remodeling of the clubhouse. That would've been something we should have been notified and voted on. These common areas are an eyesore and the streets and most driveways need to be re-paved. Hopefully we will be able to get board members that care about the well-being of this community and not putting money in their pockets.

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  5. You want Cedar Run to look nice like Lexington.... It will cost more...Raising Assessments......We need homeowners to care.....pick up after your parties...pick up after your pets...throw trash in the dumpsters....do not do auto repairs on your driveway......repair broken screens and doors.....It starts with us the homeowners caring how Cedar Run looks and getting involved with meetings to hire the right companies. Landscaping... Driveway/Street repair or replacement...Painters...etc....

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  6. A couple updates have been added to this blog entry, including a copy of the court order for contempt. Major updates are identified by Red text.

    Thanks to all for reading and commenting!!

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    Replies
    1. Thanx for the updates!! Re: Sher's comments about doing nothing but good.....

      Let's see....putting himself and his family on the payroll in secret; illegally creating bylaws (also in secret), closed-door (illegal) board meetings, stirring racial tensions, abolishing elections, lawsuit after lawsuit, causing insurance prices to skyrocket by dumping them on the phases (and ultimately on the homeowners)....and those are just the first few that came to mind.

      I didn't realize that all of these things are actually good for Cedar Run, but I'm not an expert at these matters........What do I know??

      Dear Robert, Wanna do good for Cedar Run? Then stay out of Cedar Run's business!! Pay your dues like the rest of us (which you probably haven't done in over 3 years), and stick to your day job of ripping off apartment seekers!!

      Buh-Bye Robert...Your services are no longer required.

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  7. Any updates from this Monday?

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    1. Nothing Yet. We don know that the receiver has not yet presented his next report to the court. That will allegedly take place next week.

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  8. home owners I suggest until this gets resolved we don't pay a dime to masterboard ,both sides are spending our money as if it was given to them guess what ?the law suite is with our money! our funds is for reair &replacement not COURT ! lets get this over with so we don't go another season with crappy landscaping lets get roads replaced as for the new board members you will be watched so don't screw it up AGAIN,,,,

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    Replies
    1. Your comment is certainly appreciated, but we DO NOT endorse the suggestion that homeowners should stop paying their dues (neither Master-HOC nor Phase dues).

      Regardless of the legal battles, we are still required to pay our assessments. If homeowners stop paying, it could result in late fees and/or legal/collection fees being charged back to them.

      We know that this situation is frustrating, but we all need to cooperate with the receiver and with the courts while the legal issues are being worked out.

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  9. OK...I thought parking was not allowed at the clubhouse? Parking lot is always packed! Also... will no parkings signs on the end of courts be replaced? Tired of being blocked in and needing to call the police because people think they can park there due to no sign..... Also..who is enforcing the rules,?

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    Replies
    1. As you can see, parking enforcement is still being loosely enforced, especially when it comes to the clubhouse lot.

      That said, the receiver is responsible for parking enforcement. You are best off calling them to discuss the issue of being blocked in and asking what your recourse is. (847) 866-7400

      When Robert Sher was still in power, he had an arrangement with Red's towing that made him the ONLY person with the authority to have a car removed. For situations like yours, homeowners like you should be allowed to call the towing company and have the car removed.

      We're not sure if the receiver has reconciled this situation, but we will look into it.

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    2. In case you may not have noticed, vehicles parking in the clubhouse lot are now displaying temporary hangtags. It appears that the receiver is allowing its use for guest parking.

      Also, in case you were not aware, there is a temporary suspension on clubhouse parties due to some safety and code issues with the clubhouse. The receiver acknowledged that availability of the clubhouse for parties is very important to the community.....but they saw these issues as a big liability and potential danger.

      Not sure yet when they are expected to be fixed.

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  10. ''STILL UNRESOLVED'' what was the written reply sent to the judge from shaw legal services that was satisfactory that ROBERT SHER BELONGS IN JAIL?

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    Replies
    1. We will know more about this issue after the next hearing on 4/22. The Sher/Shaw group are very good at playing procedural games to buy themselves some time. If these records still haven't been turned over, there could be more consequences.

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