Tuesday, October 6, 2015

Cedar Run (Quick) Legal Update - 9/21 Transcript & Receiver's Report

As previously mentioned in the comments section of the blog, the last court hearing on 9/21 was a significant one.  The long-awaited financial report from the accounting firm is now complete, and it has been submitted to the court.

It's at least 3000 pages long!!!  

The Sher/Shaw group is objecting to the report, presumably because it contains information that they don't want Cedar Run homeowners to see.  They have filed a 'motion to strike' the report, and they are hoping to convince the judge to essentially void or invalidate it.

You can view that motion (as prepared by Ms. Caryn Shaw) by clicking HERE.

The motion includes the Table of Contents from the actual report (Exhibit B)....which should give you a general idea of what information the report contains.  They (very conveniently) make little reference to the actual contents of the report.....because referencing certain content would require them to include it as an exhibit, which would make it viewable to the public.  They are putting forth tremendous efforts to keep us from seeing this report.

We'll delve further into the details in our next blog entry, but for now:
  • You can view a transcript of the 9/21 hearing by clicking HERE
  • You can view the fifth receiver's report by clicking HERE
(note: Both include a significant development regarding the parking program - a topic that has received much discussion in this blog's comments section)

39 comments:

  1. Wow....3000 pages! Bedtime reading.... Thank-you for the update... I hope this puts some homeowners at ease...As, for the parking, park in your garage and on your driveway, additional car park on Cedar Run Drive or pay.

    ReplyDelete
  2. WE DEMAND THESE CRIMINALS BE ARRESTED AND SENTENCED FOR COMMITING FRAUD IN OUR COMPLEX HOME OWNERS WE HAD ENOUGH TIME TO TAKE ACTION !

    ReplyDelete
    Replies
    1. Let the judge handle it....it is all catching up to them. A lien is on their home and they could face eviction if they do not pay what amount was settled in court by November 24. I am sure there is more to come.

      Delete
    2. 3000+ pages and it sounds like it's not even complete because of documents they never got. There must be some good stuff in this report if they are fighting it like this. Whatever is being hidden from the accountants is probably even better....Why the HELL are they getting away with holding back these documents??

      I think it is time for homeowners to start barraging the State's Attorney with calls and letters so they finally TAKE ACTION!! How many laws can somebody break without any consequences???

      Delete
    3. Caryn Shaw, in her motions to strike the accountants' report, is claiming that the Sher/Shaw group turned everything over, and that any missing documents must have been lost by the receiver or the accountants.

      We will need to see the full report to find out what it missing. The Sher/Shaw group can't be the first to use the 'chain of custody' excuse to explain missing documents. The million dollar question is....How do you disprove it?

      Delete
    4. GO CUBS GO? THESE DEAD BEATS IN CEDAR RUN ARE LOSERS !

      Delete
    5. I wonder if what is missing, could be due to The Receiver has kept old staff of Sher's, to whom he has been seen with on several occasions. No matter, Sher/Shaw are in the wrong by not paying their Phase assessments and it caught up with them (wonder if they owe the HOC), eventually all else will!

      Delete
    6. As far as we know, the clubhouse staff was not allowed access to any of the files while the receiver was preparing them for the accountants. There were banker boxes full of files that were sent over to the accountants almost immediately after the receiver got access to the clubhouse.

      Another thing to note is that the court order that handed authority to the receiver was signed on Monday 2/9, it didn't actually go into effect until the afternoon of Friday 2/13 (that evening is when the clubhouse locks were changed). That four day gap was more than enough time for someone to comb the records.

      There was also the issue of electronic expense records that were kept online on Google Docs. The receiver and accountants were supposed to get these records as well, but Sher initially blocked access to them and eventually removed the records. (All this is found in the first receiver's report).

      After a few court appearances and the threat of being held in contempt, Sher did turn these over. However, he did have the records in his sole possession and control for several weeks before turning them over.

      We don't know if any of the above records were manipulated or modified, but the opportunity was certainly there.

      Lastly, another consideration for why a good deal of records could not be located: Simple incompetence, meaning that Sher/Shaw simply never kept records for on things......perhaps on purpose, or perhaps out of ignorance.

      Delete
  3. I pay the same assessment as the person with 3 or more cars, yet I can't park on the street or have guests, fair and equal treatment of the homeowners seems to have eluded the grasp of the receiver. He not only wants to continue the flawed policy of sher/shaw but wants to up the anti too a 120 bucks. Some people can still clear $480 or $960 a year by renting the spots out and still no guest parking !!!! However I like the idea that these people can pay for the pool repairs.......

    ReplyDelete
    Replies
    1. ^^^ I agree with you. It sucks you can't entertain due to the parking. Hopefully once this nightmare ends we can establish a parking program fair to all the residents. It irks me to read people that have the spots are renting them out. Can not understand how people can afford all the vehicles they have with all the upkeep and insurance. Yet so many residents with numerous vehicles are not able to keep up with their assessments. People should not be allowed a parking space if they are behind on their assessments. There are people living here that have 5 vehicles per resident. That's ridiculous. Thank you for all your hard work and updating the residents in a timely fashion.

      Delete
    2. If you owe money, you loose your space...if they pay for each vehicle,,, kudos

      Delete
  4. What A very interesting point. 5 vehicles per residence and can't keep up with assesments..It just goes along with the same theme.Seems like there are to many people doing what ever they darn well please around here.

    ReplyDelete
  5. the village has an ordinance on how many people to a unit if you think its unfair then call village have a inspector out to see how many people are living in unit same goes for postal service they have the names per unit so again speak up let them here your voice GOOD LUCK

    ReplyDelete
  6. HOMEOWNERS ARE YOU AWHERE THAT THE CAMERA'S ARE NOT RECORDING THE PROPERTY OR GOING TO THE POLICE DEPT ?IF SO THEN EXPLAIN HOW AS YOU SAY ''COMB THE RECORDS ''YOU CAN FOOL THESE PEOPLE IN HERE ? THIS '' B.S'' ISENT FOOLING ME ONE BIT #1 IS PROTECTING OUR HOMEOWNERS WHO EVER IS RUNNING THE SHOW SHOULD BE ACOUNTABLE FOR 4 DAYS OF A UN LOCKED CLUBHOUSE COMBING THE RECORDS THOSE RECORDS SHOULD OF BEEN OFF THE PROPERTY NOT IN THE CLUB HOUSE WHEN SHER/SHAWS WORKERS NEW IT WAS IN CLUBHOUSE !

    ReplyDelete
  7. Can anyone provide me with the number of the receivership person? Also, do any of you know what time they walk the area on Fridays? Thank you.

    ReplyDelete
    Replies
    1. 847-866-7400 is the main number. You can follow the prompts for the Homeowner Services Dept, but they have a tendency to not return phone calls. You always have the option of pressing 0 to speak to a live person (receptionist).

      No idea what time he walks the property on Firday. You can certainly ask when you call.

      Delete
  8. hi neighbors . enjoying the out doors playing soccer or just out walking? the property looks amazing trees trimmed ,bushes nicely cut ,grass is looking its best ever ,wow the beautiful cleaned ponds because of the mess both masterboards '' ALMA / ZINK'' ''SHER/SHAW'' caused Judge Garcia from the cook county court put the receiver we have in charge to do the required investigation &to look out for cedar run homeowners interest ! yes its a long delay but think about every single demand that the court put on this receiver you don't think he's under pressure so in the time until election please say hello or at least way to the guys when you see them walking around please take a minute introduce your self and talk to the guys before we judge from here say or the grape vine ? remember before sher/shaw everyone was unhappy and that's why these two families caused so much mismanagement the lies ,cheating , stealing the bogus threats , booting cars they are ''desparate criminals'' they almost got away with it if it wasent for a hand full of concerned homeowners that continue to believe in honesty & integrity here in cedar run , please go to the office and see the hours someone is in side to answer questions or concerns we have to allow what time the court needs to follow the law also the phone number is 847-8667400 follow the the prompts thanks again for your patience sincerely your neighbor

    ReplyDelete
  9. The parking spots were sold for a year each time the year is up Oct. 31st. Now wouldn't it make sense to revert back to first come first served, and we go back to having a civilized quest parking system? Lots of families in here might like visitors without the threat of being towed. Not everyone was unhappy with the old system but they sure are unhappy now. Now we have people parking in the grass and the wrong side of the street, it's obvious that there is no parking enforcement.

    ReplyDelete
  10. homeowners please call the following on ? l parking problem or concern please call wheeling police department, i garage issurs please call village of wheeling, problem with building please call your phase management company ,problem with any other? please contact the office at clubhouse someone is inside on the hours posted ,[.'' THANK YOU FOR YOUR PATIENCE&COOPERATION Sincerely, Your Neighbor

    ReplyDelete
    Replies
    1. ^^^^Gee, I wonder who posted that......"Sincerely, Your Neighbor" Excuse me?!? I won't mention any names, but this guy was known as Robert Sher's "lap dog" and biggest cheerleader for about three years until the receiver came in. Somehow he stayed on the payroll and now he is the receiver's lap dog and cheerleader. I hope the new board knows better than to keep this guy employed with OUR MONEY!

      Hey Buddy, if you wanna post information here, go ahead. But tell us something we don't know and stop telling us how great things are and how lucky we are to be in receivership!!

      And stop calling yourself our NEIGHBOR because rumor has it you moved out!!

      Delete
    2. Sad to say this person still owns a unit here... Alot of Homeowners are not happy with this person being on staff, but for now we must. I stress to every Homeowner when the Master Board Elections are held, vote ( a reminder you can not be a renter or owe money to your Phase or HOC ), if we all do, hopefully we can get a Board that will bring Cedar Run back to full Glory. It, will take alot work and sweat, but it can be done.We just all need to speak up, make suggestions, be involved! Also, if this person thinks he is doing a great job, and you feel other wise, speak up tell the Receiver... Maybe, If enough of us complain he will get the message ( I have, many times)...Also, point out what is not being done....

      Delete
    3. If the receiver or any of the clubhouse staff have any information that they want to get out to homeowners, they are free to post it here. Or if they have any specific announcements for homeowners, they can email us at restoreCR@gmail.com, and we will post it on the blog.

      Remember, this blog is about keeping everyone informed. It can certainly be used to bridge the communication gap between homeowners and the receiver/staff.

      Delete
    4. Sorry, but I doubt it very much that they would do that....They stopped sending us a newsletter. So, why would they want to use this blog to bridge a gap? All they want us to know is already posted here. No more, No Less..

      Delete
  11. homeowners please come to the clubhouse with your comments & concerns we all need to go forward with our highly qualified receiver again was court appointed to cedar run if you disagree we welcome you to join us at next court . judge Garcia is doing everything in his power to keep cedar runs operation to run smoothly until a vote for a master board !

    ReplyDelete
    Replies
    1. ^^Whomever this is^^

      You should have no problem understanding why most of us have very little faith and trust in you and the rest of the staff. For three years, you were 100% loyal to Sher & Shaw. Not only did you believe the lies he told, but you spread them to others and even translated them to Spanish and typed them into nice, fancy PowerPoint slides.

      All of you were given a job ONLY because of your loyalty to Sher. Most of you were hired because of your father's undying, unconditional love for Sher & Shaw.....and he bought into Sher's Bull***t more than anyone else on the property.

      All along, so many of us were speaking the truth about how Sher operated illegally and improperly. But with the help of people like you who cashed your paycheck and turned the other cheek, Sher continued to rule this place and drive it further into the ground.

      So SORRY for being skeptical when you tell us how great the guy is who NOW signs your paychecks. We can judge that ourselves based on REAL RESULTS!

      I personally see his performance as worlds better than Sher, but still lacking in many ways. His reports to the court make it sound like everything is just peachy in Cedar Run, and I find them kind of offensive and disingenuous. It is costing us a fortune to keep him here and he doesn't exactly take constructive criticism well.

      Delete
    2. You go to the clubhouse and only staff answers questions, alot of Homeowners want answers from The Receiver. Also, going to court waste of time...Judge Garcia will only listen to The Receiver..Only way he will listen is if enough Homeowners rally together and go, which I highly doubt will happen.. One question I have is why has The Receiver stopped sending Homeowners newsletters? Keep cost down?

      Delete
    3. The last time a bunch of us went to court, the Judge acknowledged that we were there but said it would not have any influence on his decision. What he did was take questions from homeowners which was really nice. So...show up in court if you want answers from the judge or receiver but don't expect judge garcia to move things any faster because you're there. He is doing the BEST he possibly can. It's the Shaws that are slowing/stopping things. Read the transcript and all the other court papers and you will clearly see this.

      Delete
  12. homeowners be patient with the process if you have any comments or concerns please visit the clubhouse during business hours or call your phase management ,street problems with illegal parking call 911 non emergency or village if you need a permit to replace furnace or hot water heater if you smell gas call gas company or fire department make sure dog owners continue to lease your dogs while outside a little white dog was hit by a vehicle and the driver didn't stop to save the dog not cool ! make sure dog waiste gets picked up if you see trash around please pick it up and put it in trash we all have to live here so please a helpful hand goes along way than pointing fingers again be patient don't forget to turn your clock back 1 hour next Saturday or sunday morning again thank you all for your support ..

    ReplyDelete
  13. just got home went past the clubhouse it's 43 degrees outside all the windows are open all the lights are on and the front doors are wide open. It's 1:53 A.M. and the party is still going. JUST WHO IS RUNNING THIS PLACE.................

    ReplyDelete
    Replies
    1. Next time...call the police

      Delete
    2. We don't know who the rental agent is or what terms & conditions are being given to clubhouse renters while we are in receivership.

      In all fairness, the issue of clubhouse parties going much later than allowed has been an ongoing problem for a very long time.

      Prior to Sher, clubhouse renters would sign a contract agreeing to vacate the building by around midnight. The contract also stipulated that absolutely no alcoholic beverages were allowed. These two rules were generally ignored, and people would get away with it as long as there were no noise complaints from neighbors.

      When owners/residents did have a noise complaint or other issue with a clubhouse party, their only recourse was to call the police. The rental agent was not expected to be 'on-call' to deal with rule violations any time there was a party. Some owners didn't mind calling the police; others felt the rental agent should handle it.

      This will continue to be a concerns unless someone comes up with a new approach to dealing with it.

      Delete
  14. homeowners you are the eyes and ears if you see or here something wrong call 911 this is our complex again stop in clubhouse during hours with your comments or concerns thank you

    ReplyDelete
  15. My eyes have just seen the mail. Parking is 120 bucks due by Oct. 31st. you have 5 days. If you want street parking you need 3 or more vehicles to get a limited amount of spaces otherwise you are S.O.L!!! Visitor parking passes are available during clubhouse hours, so if you have unexpected company on Tues. Thurs. Sat. or Sun. I guess again you are S.O.L. and you'll get towed. HAVE A NICE DAY.........................Oh call 911 I'm sure they really want to help or go to the clubhouse. I'm also just as sure they will change this program just for you. Remember your VOTE MATTERS... Just kidding you have no say in this................

    ReplyDelete
  16. homeowners avoid the negative comments on here these are confused individuals seeking to complain yes you just kidding you have no say in this LOL the complex is looking its best since the receiver and the court agreed to take matters to get cedar run back on track just wondering how are we going to not have this happen again now that others no how to play the system ? home owners you all received a flyer from remax today I suggest selling while the weather is nice and the complex has some value you all have a happy holloween reminder turn your clocks back 1 hour and change batteries in your smoke & carbonmonoxide detector

    ReplyDelete
    Replies
    1. The ^^above^^ comment brought to you by your friendly neighborhood RE/MAX agent.

      RE/MAX.......For those you don't use punctuation, we're here to help you sell!!

      Delete
    2. I have your smoke detector "right here" buddy.....

      Delete
    3. I no no what u be sayin prop looks good so we should sell? I be thinkin ur batteries a bit low. Why u do Re/MAX that way? I GOTTS MY I ON U..........

      Delete
    4. Ok enough! Let's all try to be nice, difficult I know. We all are getting worn and frustrated! But, if we all try to be patient, and stay together, we can prevent this from happening again ( sad to say, it could happen again with others ). We, just need to continue to let our concerns be known ( nicely )...Keep on, till we get the answer s..The light is slow to show, but it is lite! We have a lot of people working to get this all resolved ( not just the Receiver and his Clubhouse staff ).

      Delete