Thursday, November 5, 2015

Cedar Run (brief) Legal Update

There have been some significant legal developments in Cedar Run.

Cedar Run Phase IV vs. Robert Sher
As mentioned in a previous blog post from 8/21/15, Robert Sher's phase association had taken him to court for unpaid assessments & legals fees.  Based on the amount owed, it appeared that Sher had not paid his Phase dues for over three years.

On 9/24/15, a judgement was entered against Sher, and Cedar Run Phase IV was granted an order of possession for his unit.  Facing imminent eviction, that would have happened on or around 11/24/15, Sher (begrudgingly no doubt) paid off his ENTIRE judgement.  Including legal fees & court costs, it is estimated that Sher had to pay in excess of $8000 to vacate the judgement.  On 10/21/15, the judgement was vacated and the case was dismissed.

SO.....apparently he's here to stay folks, but at least he has FINALLY paid his dues like the rest of us.

Click HERE to view the public Court Docket.
Click HERE to view our original blog post from 8/21.


Master Board (HOC) Litigation
On 11/4/15, two issues were brought before Judge Garcia by Anne Shaw

  1. Anne's request to be paid with HOC (Homeowner) funds for her legal services dating back to February (when receivership began).  Result: DENIED  **UPDATE/CORRECTION** Judge did not issue a ruling on this despite Anne Shaw's urging to grant her payment**
  2. Anne/Caryn Shaw's motion to strike the report from the accounting firm Frost, Ruttenberg & Rothblatt (aka 'the Frost report')  Result: WITHDRAWN (meaning that Anne Shaw basically gave up after realizing she has no chance of winning). **UPDATE**Anne Shaw also admitted to using false facts facts in her motion***
What we do know is the following:
  • The Frost report will now be made available for ALL Cedar Run Homeowners.
  • The Receiver will disseminate the Frost report information by publishing the 25-30 page "body"of the report.
  • The body of the report will also be translated to Spanish so Hispanic owners can understand the information.
  • All Cedar Run homeowners will also have the option of reviewing the full 3000 page Frost report at the Clubhouse office.
We'll know more about these developments once the 11/4/15 hearing transcript is available.  We will also obtain a copy of the latest receiver's report.  But for now, the order that was entered on 11/4/15 can be viewed HERE.

**UPDATE**
Transcript from 11/4 hearing now available by clicking HERE
**UPDATE**

18 comments:

  1. Thank-you for the update! Hopefully we will get the report by the end of the year ( lol ). He sure has not given us much information, since the last Newsletter this past spring. And, I can not go to the clubhouse, due to I work and calling them is a joke ( sorry ), keep getting disconnected. Well, again hopefully we will get the report soon and have a election.

    ReplyDelete
  2. Just a quick reminder here that all comments are welcome here, including dissenting ones. But please keep it clean and free of insults or threats. This is being posted in response to a comment that was recently submitted, which violated these rules.

    Thank you all for understanding.

    ReplyDelete
    Replies
    1. Would you mind making another rule that requires people to use punctuation? That would be nice :)

      Delete
  3. SHAR/SHAW ARE HOMEOWNERS THEY NEEDED TIME TO REPAY ASSESMENTS ALMA AS THEY DID TO MANY HOME OWNERS THREATEN TO TAKE THEM TO COURT SO MANY WERE FORCED OUT AND LEFT THEY WERE SO SCARED! WHEN SHER HEARD THIS HE DECIDED TO STAND UP TO ALMA /APM SO HE IS IN A PICKLE NOW HE WILL REGAIN HIS THRONE UNTIL THEN LEAVE THEM ALONE ! UNTIL THE JUDGE DECIDES TO TAKE THIS MATTER ANY FUTHER WE DONT HAVE THE MONEY TO CRMINALLY DO ANTHING . SHER/SHAW WILL BE DISMISSED HONESTLY THEY DID MORE FOR US THAN ALMA AND THE MUPPETS ON THAT BOARD PLUS SHER/SHAW STREET PARKING IS AWSOME YOU CAN RENT IT OUT AND GET ANOTHE SPOT ON THE CEDAR RUN DR JUST SWITCH CARS SO YOUR FAMILLY OR FRIENDS CAN PARK AT WALMART ITS OPEN 24 -7

    ReplyDelete
    Replies
    1. Like I said.....punctuation. Oh and how about about a rule against ALL CAPS? STOP YELLING DUDE!! We can hear you just fine.

      And congrats on being Sher/Shaw's one and only supporter. How much did he pay you or your family?

      Delete
    2. Oh what a tangled web we weave, when first we practice to deceive!
      Your thoughts are so scattered and contradictory, it is hard to take you seriously, so I won't..!!!!!!!!!!!!!!.

      Delete
    3. If ignorance is bliss, then you have made it too heaven..

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    4. Ok......Under Sher/Shaw we never saw a budget report, he used unlicensed and non insured contractors. Items of the phases stored in the Clubhouse at the time the took over have gone missing. Gang activity went up. ( still is )..ask the Wheeling Police. No rules were informed. Tell me how that all is better?

      Delete
  4. Glad to see that Anne Shaw will not be paid with Cedar Run money. Thank you, Judge! If only we could get back some of the money she was paid before. None of the work she did protected our interests......just her family.

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  5. homeowners wonder why the receiver is avoiding us ?only get answering machine ? this is wendy leave a message with your name and number and at some point we will discard your number LOL have a nice day ,I had shers direct cell number he always answered maybe we can give him a job to answer our calls after all he is our neighbor...

    ReplyDelete
    Replies
    1. Sure......Keep telling yourself that. Somebody wants to revise history. He left a cell number with instructions to leave a message and he would supposedly call back in 48 hours. If you were one of his buddies, you would hear back right away. If not, forget it. And that flake Maria that answered the info line, she would answer sometimes but she couldn't do a damn thing or answer a single question.

      I have had voicemails from heil not returned also and I don't like it either. But don't even think about comparing them to what we had before them. Try emailing. They are better about that then voicemail.

      Delete
    2. I left a voicemail with "Wendy" last Mon. my name and phone number, are you saying I should stop waiting? LOL I gave up on Wednesday...........But you say you had a direct line to sher and he always answered, you must be one of THEM

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    3. ATTENSION ALL HOME OWNERS THIS IS THE BEST TIME TO SELL FORGET HOMEOWNERS ASSOSIATION DUES EVERY MONTH WHEN IT COULD GO TOWARDS A SINGLE FAMILLY HOME WITH OUT GANG BANGERS BANGIN THIS IS ONLY A CASH COW MILKING US

      Delete
    4. Hey, the Re/Max guy is back!

      Delete
    5. You mean the drunk guy who can't read or write past the third grade level, types in ALL CAPS, and doesn't know how to use punctuation?

      Yep, he's back!! And he still wants you to SELL, SELL, SELL!

      Delete
    6. Seems like a knowledgeable guy...maybe we should listen to his advice when it comes to buying/selling of real estate.

      I wonder if he has any good stock tips or advice on how to properly diversify my portfolio.

      Delete
  6. whats the latest news ?

    ReplyDelete
    Replies
    1. Latest receiver's report (which is referenced in the court order) to be posted soon.

      Delete