Friday, May 15, 2015

Cedar Run Legal Update - Sher Invoice & Contract Now Available

In our last blog post on 4/24, we described an invoice that Robert Sher and Jack Shaw submitted to the receiver.  They demanded immediate payment of $17,654.64 plus ongoing monthly payments of $5881.88 until the year 2020.

We now have a copy of this invoice available for all to read.  Click HERE to view it.

Same Old, Same Old
In full accordance with the Robert Sher playbook, this 2.5 page 'invoice' contains about 2.4 pages of self-aggrandizing rhetoric (complete with atrocious grammatical errors) and just a few lines that (poorly and vaguely) describe what services are being billed.

Among this rhetoric, you'll find the following:

  • Sher still blames everything on his predecessors (Alma and previous board).  Here we go again....
  • Claiming $600,000 in savings.  Questionable math, including $161,000 in SPENDING is listed as a 'savings'.
  • Still blames the attorney (Bloomberg) for his ouster.  Complete denial that he has done anything unlawful or improper to cause the court to take action.
  • Still touting conspiracy theories about the financing of the legal case against him.  We're surprised he mentioned nothing about Germans being involved.
  • Still clambering on about his supposed $65/month assessment plan.  Chastises the receiver for not implementing it.

The Worst of it All
The most disturbing thing in this entire letter is the mention of an agreement.  This agreement allegedly binds the Cedar Run HOC (aka 'Master Board') to keep Robert Sher and Jack Shaw on the payroll for a total of  8 years!  This 8 year agreement/contract was presented in court on 5/5 as evidence, and it is now a public document.

Click HERE to view it.  We STRONGLY encourage you to read this agreement in its entirety.
 



On 5/5/2015, the judge held a special hearing to determine if  Sher/Shaw were entitled to payment.  Jack Shaw made a personal appearance in court, hoping to justify his demand for payment.   After reviewing the contract, the judge denied Sher's/Shaw's request for $17,654.64 in payment.  He also expressed doubt in the enforceability of such an agreement.  We will provide more details on the judge's remarks after the court transcript becomes available.



Analysis

The are so many things wrong with this agreement----so many that we will devote an entire future blog post to them.  Arguably, this agreement is even more outrageous than the bogus Bylaws that led to Sher's ouster. 

It's a completely on-sided contract, signed only by members of the Sher/Shaw clan, that ties our association into an unbreakable agreement with Robert Sher & Jack Shaw.


nepotism
noun nep·o·tism \ˈne-pə-ˌti-zəm\
: the unfair practice by a powerful person of giving jobs and other favors to relatives

The only signature on this contract representing the HOC board is that of Barbara Shaw.  It is doubtful that any of the other board members knew about or had any say in the decision to enter the association into such a one-sided, unbreakable agreement.  Even the Bogus Bylaws have four signatures on them (still not a quorum of board members, but better than just one who happens to be a FAMILY MEMBER of the other party).



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37 comments:

  1. UNBELIEVABLE...what a joke!! Ha Ha Ha....savings to the community...look at the streets, driveways, etc.....

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  2. AGAIN thank you all who put this blog together -endless time,energy & out of pocket expenses yes its unbelievable but with the management for now? a lot of good things are happening the grass is green pot holes filled the pool will be open for us to enjoy &meet our neighbors &friends think positive &focus on a new masterboard that will stand strong &listen to us home owners for we have the receiver working on it . the management is doing a fantastic job a lot of improvements are being done &more on the way so be patient . those that caused this mess ? have'' karma'' to deal with''' YIKES ''

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  3. Proof.... Sher's bookkeeping was/is messed up....When I went to get my pool pass...they said I owed for last June and August and needed to show proof of payment...which I did....some other residents have told me the same.

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    1. Thank you for the firsthand feedback. It is great that you had the proof available to show that you had paid. We suspect that a significant number of homeowners (especially those who paid by cash or money order) will have difficulty producing such records.

      The assessment records are probably stellar compared to the expense records, accounts payable records, tax records, budgeting records, and all others that are critical for the running of a non profit association.

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  4. all good info but the reality is? unless sher/shaw get license revoked they have a lot of power concidering the law team. they have homeowners still believe they didn't do anything wrong then you have those who are so mad wont get involved ,then you have those who are fed up and have the home up for sale and most of them are on contract we have to many renters in here so sher/shaw are going to get those off site owners

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    1. Assuming you are referring to their Community Association Manager licenses, the Illinois Department of Professional Regulation has a pending case against them. It's just a very slow, inefficient process......even worse than the civil courts (even you can believe that).

      Homeowners have been updating the Department as more information has come to light (i.e. receivership, use of uninsured contractors, contempt of court, etc.). The information from the audit may also prove useful in revoking their licenses.

      You are right that many owners are fed up and uninterested in participating in the Cedar Run political process...which does not help the notion of democracy. You are also right that a fair number of long-time owners are selling and moving out, which means we are losing some good neighbors who are also well-informed voters.

      But while you are right that some owners may still believe what Sher says or has said, the numbers are quite small. Even some of Sher's closest supporters, those who preached his message for him from day one, have abandoned him. The phase elections that were recently completed without a single challenge from a Sher supporter are proof of this.

      He has run out of surrogates to do his dirty work and spread his message.

      Lastly, your theory about off-site owners flocking to Robert Sher is simply incorrect. In fact, offsite owners, (many of whom have business knowledge and own property in other, well-managed developments) 'saw the light' and supported our efforts long before a lot of owner-occupants. Investor owners want their condo properties to be well-managed, so they don't need to worry about them. They also want a clear, consistently enforced set of rules. Sher has never delivered this, and many investor owners have feuded with him over it.

      At the end of the day (and of this long-winded comment!), nobody should assume a certain result in the upcoming election. Nobody should take for granted that Sher will or will not be a factor in it. But the Sher/Shaw regime has an incredible uphill battle if they expect to regain control of Cedar Run, and they are not helping themselves politically by demanding these ridiculous payments in court. They've tried all along to 'dance around' the fact that they were paid, and these payment demands really show their true colors

      Stay tuned for our next blog post, which will include a transcript of the 5/5 hearing. Jack Shaw's testimony is included and contains some very telling comments.

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  5. I suggest before we have masterboard elections in cedar run complex ,that the state license board review sher/shaw management practice on how it was all a set up from day one !seriously ann shaw president providing homeowners with nothing no professional services not one legal contract take our money to pay the sher/shaw family BALONEY ... whats going on with the pool I know weather has been lousy but at some point we the paying residence need some answers ?also life gaurds going to be on staff btw who was that guy videoing all the buildings and streets? no village vehicle was on property except the guy who has gone to every building to replace water meter thanks

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  6. Does anyone know what is going on with the pool? Why is the baby pool not filled?

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  7. When will the bushes be trimmed? Some are getting too high..... Seems like nothing is being done on a schedule

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    Replies
    1. For specific questions about landscaping & grounds-keeping, please contact the receiver/property manager at 847.866.7400. You can also email them at hsd@hhsg.net.

      Those of us who run this blog have no control over these issues, but we have passed homeowner feedback along to them.

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  8. thank you for your concerns be patient the best way to get your bushes cut is call the management give them your name ,address while the landscapers are on property can give you an estimate

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    Replies
    1. Thank you for chiming in....as stated above, homeowners can call 847.866.7400 or email them at hsd@hhsg.net.

      Delete
  9. The baby pool was not properly winterized and leaks.

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  10. are those the life gaurds for our pool ? whats the name of the company

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    Replies
    1. We're still trying to sort out some conflicting information about the lifeguard situation. As most are aware, Cedar Run has developed a bad reputation among lifeguard companies, and it has reportedly come back to haunt us.

      Almost exactly three years ago, our lifeguards (from Poolwatch Inc) were harassed and run off the property by Robert Sher and his followers. Another company (Aquaguard) was later hired (at the request of the courts) to replace them and finish out the 2012 Summer. Sher refused to pay them and Aquaguard sued the HOC (master board). That lawsuit was finally settled just a few months ago (3/11/15 to be exact) by the receiver AFTER Sher was ousted.

      So it should be no surprise that we may have a tough time getting lifeguards to work at our pool. Unconfirmed rumors are that many companies flat-out refused and/or demanded a much higher pay rate to work at Cedar Run. Another rumor (also unconfirmed) is that we had a contract with a Lifeguard company, but they cancelled as soon as they learned of Cedar Run's history.

      It is our understanding that there currently are NO lifeguards on duty, but the receiver/manager is working on finding someone.

      Copy/paste this link into your browser for the Aquaguard court record:
      https://w3.courtlink.lexisnexis.com/cookcounty/Finddock.asp?DocketKey=CABD0MB0BGEFHD0MD

      Copy/paste this link into your browser to read about the harassment of Poolwatch's lifeguards:
      https://drive.google.com/file/d/0B3NPdPdJDlG7MDF5Q1RpUlFKejg/view?usp=sharing

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  11. Give me estimate... I am not paying them to have my bushes cut....that is part of my assessment!

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    Replies
    1. Agreed....you are paying for landscaping as part of the $125 that go to your HOC dues. Again, please contact management to address landscaping issues.

      This blog site has no control over or affiliation with the receiver. Be a 'squeaky wheel' and call them.

      Delete
  12. the people at pool are doing a great job to keep assessments from going up help our community get out pick up garbage you see or if you see a pot hole go get a bag of black top and fill it in, have over grown bushes get some excersize and trim them if you see a crime drop a dime while walking the complex bring a plastic bag and pick up that pile of doggy dodo this is our property we must all help keep it clean if you see someone not pick up dog poop call police and sign a complaint ..

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    1. Great points about how WE, the homeowners can help keep costs down. Cleaning up after ourselves and our pets is a great first step. If you know for certain that a specific owner is littering or not picking up after their pet, feel free to report it to management, the Village of Wheeling, or even the police.

      Reporting any crimes and providing information to the police is can make the neighborhood much safer. It is our hope that a new board, once elected, will revamp a neighborhood watch program and maintain a collaborative relationship with the Wheeling Police Department.

      On one of your other points......though it may seem very practical, we DO NOT recommend that homeowners perform work on the property such as filling potholes or trimming bushes. Any work that an individual homeowner does in the common areas puts the association at a great liability risk. The best thing is to report these issues to management. If nothing is done, homeowners can report the issue to the village of wheeling. If the issue violates any of the Wheeling ordinances or codes, the Village will force the association/management to address them.

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  13. home owners do you no what your paying your phase ?good question what is phase officers responsibility ?make sure alma and apm provide us with work they are charging us ,ask your phase officer for the buget see what answer you get if we continue to keep alma and apm we are feeding both families just like with sher/shaw I suggest get rid of em all and hire a non for profit company

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    Replies
    1. All good points.

      You shouldn't have any problem getting budgets or documentation from Alam or APM. Homeowners are strongly encouraged to ask for this information if they have any concerns.

      As for long term plans, it is our hope to bring in a single management co.pany for the entire property.......and we would like somebody new rather than using Alma or APM. Unfortunately, no decent, licensed company is non profit.

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  14. home owners get to no your neighbor that needs some financial help its your responsibility because if they fall behind on assessment it will only increase so do your part if not? then bake them a cake or brownies ,got the day off ?volenteer your time even an hour and pick up garbage or dog waste its your duty we got to get involved

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  15. I pay my sessment every month.I am constantly cleaning my neighbors garbage from my yard. I pay $125 assessment. and I am NOT getting my bushes trimmed. the pool looks like crap.I'm tired of being involved. so you get nothing in return

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    1. Have you contacted the management company about the bushes? If so, what did they say?

      As for being involved........the fact that people were NOT getting involved for so many years is arguably what led Cedar Run into crisis. If you think being involved is a thankless job, it can certainly feel that way at times. But if nobody wants to be involved, garbage will continue so pile up, reckless owners and/or renters will continue to litter and and fail to clean up after their pets.

      So if you want to be a part of the solution, call the management company about the bushes (if you haven't already), report any rule violations if you know who the guilty party is, call the police to report any crimes, and attend board meetings to discuss these issues and their possible solutions.

      OR

      Do none of the above and just live with the results.

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  16. In regards to the comment on the bushes not being trimmed.... I have left 2 messages and have talked in person with the receiver about this...he said it would be taken care of....it needs to be done..due to in some areas the bushes are growing above the electric meters.. Which need to be assessed to read

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    1. Thank you for chiming in. Hopefully they will get started on this soon. Trees also desperately need trimming.

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    2. I would not count in it..... First told them about this the end of March...also about another issue...still nothing....

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    3. Sorry to hear that. Disappointing but good to know.

      It doesn't make them seem like a great candidate to manage us after the receivership ends.

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  17. I would say not....do not understand their lack of following thru. . They have people walking the property writing things down I have been told by other neighbors.

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    1. We have also just confirmed that they recently had some turnover of at least one employee who was a key person in managing Cedar Run. Some of the information given to this employee may not have been relayed to their replacement.

      As painful and redundant as it may be, it might be worth calling or emailing them again to reiterate some of your requests.

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  18. I left a message at the main office today around 11am...no return call as of yet

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    1. Again, it doesn't bode well for them if they are hoping to stick around after the receivership. Perhaps a company that has a live person answering phones during business hours would be a better fit.

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  19. you complain bushes are over growing gas or electic meter on building? than I suggest reporting it to the village ask for SERENA she is the go to person and what ever else you may have .are these lifegaurds from craigslist ?are they certified again this elligal mqangement was and is a scam why are these criminals not behind bars ?otherwise they are prepairing to make another take over and this time LOOK OUT HOMEOWNERS !

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    1. 847-459-CODE is the number for the Village of Wheeling. You can leave an anonymous message or request to be called back.

      We will probably know more about the lifeguards (and hopefully the maintenance) from the next receiver's report.

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    2. With the table at the entrance where the guard
      Sits they dont do much more than collect and
      Return passes. The deep end of the pool is not
      Even visible from the table. Sun afternoon kids
      Were forcefully kicking a ball from one side to
      The other at the deep end. Last year a uncertified woman guard kept these boys in
      Order. She was better than any two guards
      That the pool ever had.

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    3. All good feedback. If you haven't already, please let management know. Perhaps they need to change the orientation of the table or have one of the guards sit somewhere else with a better vantage point. This was the protocol in the past when we had lifeguards.

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    4. There was only 1 guard.
      In the past there were 2 guards.
      I think they are trying to save $$

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