Thursday, January 22, 2015

Cedar Run Legal Update

There have been three court appearances since our last blog post.  Nothing major has happened since then, but we are getting very close to resolving all open concerns.

What we do know:
  • There will be an election in May 2015 for the entire HOC board
  • The election will be supervised by a CPA firm to ensure it is administered correctly
  • This same CPA firm will perform a full audit of all financial records, which will show how our money has been handled over the past 2-3 years
  • In the moths leading up to the election, Robert Sher and Jack Shaw WILL NOT BE PAID with homeowner funds

What still needs to be determined:
  • Who the receiver and/or management company will be (it is possible that a management company can serve as both)
  • What authorities/responsibilities will go to the receiver and what (if any) will remain with the HOC board.

In the meantime, if you receive any correspondence from anyone claiming to represent the HOC or Oversight Committee, please bring it to our attention.  Whether it's a mailing, posting on your door or garage door, sign posted on the property, or a phone call encouraging you to attend a meeting or sign something.....it may be a violation of the court's 'Stand-Still' order, and we'd love to know about it.

restoreCR@gmail.com
(224) 544-9058




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Monday, January 5, 2015

Cedar Run Legal Update - Next Court Date 1/08/2015

A Belated Happy New Year from the Cedar Run Concerned Homeowners!

The next court hearing in the Cedar Run legal saga will take place on 1/08/2015 at 10:30 AM at the Daley Center.  If you haven't read the full summary of the 12/22/2014 hearing, you can do so by clicking HERE (we have updated the information since posting, so do consider a second read even if you've already read it).  To view a transcript of the 12/22 hearing, click HERE.

At the next hearing (1/08/2015), we expect that a receiver will be selected to manage Cedar Run up until the May election.  We also expect there to be much debate over what responsibilities will be delegated to this receiver.  The final word on the receiver's authority will have a major impact on what powers (if any) the current HOC board will retain.

Why the Silence form Sher & Company?
There currently is a 'Stand-still' order in place that forbids Robert Sher or the board from sending or posting any official communication to homeowners (which they violated by posting signs about the 12/22 hearing).  This is why no homeowners have received anything (exception being the posted signs) from the 'Master Board' and/or 'Oversight Committee' (aka Robert Sher).  If history is any indicator, we probably would have been barraged with propaganda by now if this order were not in place.


Board Powers Restricted by the Court
This same stand-still order also restricts or forbids the current board from making payments or entering contracts.  We are still waiting to hear more exact details about this specific item, but it is fairly clear that no payments to board members and/or their families are allowed (which pretty much cuts off the oversight committee - Jack Shaw & Robert Sher).

The judge did acknowledge that the property must be maintained and snow must be removed, even during these legal proceedings.  We see no reason that the court would prevent the board from paying for any of these services.

We will post another legal update as soon as new information rolls in.  Please stay tuned!



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