Tuesday, April 21, 2015

Cedar Run Legal Update - Receiver to Appear in Court 4/22/15

On Wednesday, 4/22, Al Schroeder from Heil, Heil, Smart & Golee will appear before Judge Garcia and present his second report on the status of Cedar Run.

As soon as the report becomes available, we will post it on the blog so homeowners can read it in its entirety.  For now, we encourage you to read the last report which can be found HERE.

The transcript for the hearing where this report was presented can be found HERE.

We are quite interested in seeing what this second report has to say, as there were many unresolved issues when the last report was presented.  Some of those issues included the disposition of certain documents that should have been turned over to the receiver, the status of the association's insurance coverage (workers' comp, liability), and a handful of others.  We hope to find out if there has been any progress on any of these  issues.

Stay Tuned!

4 comments:

  1. I ask follow homeowners to be patient.....the Receiver has a lot to deal with.....A lot of things were not documented correctly and a lot was left undone.....Also...Phase elections are coming up....please get involved..... Run for your phase board...or get to know who is...ask questions....make suggestions! Cedar Run will shine once again...but only if we all get involved!

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    1. Thanks for the great comment. This is a frustrating time, as we all want answers and we all want to move forward. But we strongly urge homeowners to not allow this frustration to stop them from participating.

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  2. home owners unless ROBERT SHER is arrested for not paying I.R.S &WORKMEN COMP &what ever LEGAL action he did or didn't do ,unless otherwise . he should be treated fair he is a human being with the intention to profit off of us his is the land of to have a license to steal &have the system to control CEAR RUN AGAIN the legal system is CIVIL COURT its not criminal he is represented by SHAW legal team&JackSHAW remember he plenty of our money , still controls phase 5 &10 if this was so positive then why we homeowners didn't have a meeting with this receiver to give us some direction ?this new management wants our complex for business need to introduce them selves &explain to us all ,we all need to be educated as to what is happening &what help they can provide to reassure they will be of value to our community as for the response on the street Sher has his home owners convinced that he can still get the bugget down to $65.00 month as a homeowner myself & others want lower payments not so much the bells &whistles that will only cost us more remember this is cedar run NOT Lexington commons you want to no why this complex is ghetto run? when I moved in here the rules you could NOT rent out your unit ! the old master under zinks management decided to remove the Rule and allow owners to rent out unit this gives Sher leverage he is smarter than his mistakes that in the long run will only be our problem at our expense. property is selling now so take my advice if your thinking to move I suggest going forward .

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    1. Thanks for your comment. Just to clarify a few points:

      1. Robert Sher and Jack Shaw do NOT manage phases 5 & 10 any longer. They stopped working for them as soon as the Master Board went into receivership.

      2. There never has been a rule that forbids or limits rental of Cedar Run units. There were rules that put restrictions on rentals (requiring background checks, stipulating lease lengths and terms, etc.). These rules were actually in effect during the Zink/Alma years, but enforcement was not always consistent. Since the Sher takeover, there have effectively been no rules at all regarding rentals.

      3. We agree that an informative meeting with the receiver would be a good thing, but it's not that easy. They were appointed by the court with the specific purpose of TEMPORARILY managing the property and preparing for the court-ordered election. They would need special permission form the judge to call such a meeting. If they are to continue managing the property after the receivership, they would need to be selected by the newly elected board.





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