Tuesday, March 8, 2016

Cedar Run Update - Election Ordered for May; Receiver's Report Available

We're Getting Closer.....
On February 25th, 2016, the Honorable Judge Garcia issued a Summary Judgement that included an order to conduct Cedar Run's election for an entirely new board of directors (twelve in total).  This election will be scheduled sometime in May of 2016, although an exact date has not yet been established.  More details should be available after the next hearing on 3/17.

This long-awaited election will be a great milestone for Cedar Run and opportunity for the community to heal after years of turmoil.  It will be a chance to get some much needed closure and a chance to start anew with a responsible board and management.


Bogus Bylaws Officially Void
It should come as no surprise, as the judge has made his stance quite clear on the matter of the Sher/Shaw groups "2012 Bylaws", but they have now been officially declared as void.  The original, "1972 Bylaws" will govern the election.

Again, it was clear from the very start that the Bogus Bylaws would never hold up in court.  However, the Shaw sisters (attorney's Anne & Caryn) have been fighting and trying to find an argument (more like grasping at straws) to justify these Bogus Bylaws for almost two years.  While none of their arguments had much merit, Judge Garcia still gave them a chance to make their case.....many times.  Should the Shaws appeal this decision, they will have quite an uphill battle if they intend to show they were treated unfairly by Judge Garcia.

Click HERE for a copy of the court's orders.


Receiver's Report
The Receiver's seventh report, as presented to the court is now available by clicking HERE.
A financial report for Cedar Run, dated 12/31/2015 was also presented in court.  An excerpt from this report, containing a basic financial summary can be found by clicking HERE.

Please note that we did not post the complete financial report, because it contains some sensitive homeowner information.  Although this is a public document that anyone could theoretically obtain at any courthouse, we did not want this information posted on this public website.


Please email us at restoreCR@gmail.com if you'd like a copy of the complete financial report.


39 comments:

  1. thank you for the up date I am sure others are thinking are we getting any of the money back from SHER/SHAW I guess what I am getting at is all this court time found SHER /SHAW bogus by-laws from day one was a scam,fraud ,manipulation to take home owners homes as they did what punishment if any or action taken ,thanx

    ReplyDelete
  2. All we need now are twelve people that are willing to volunteer for the thankless job of serving on the board.

    It wold be nice to have a list of people who were paid under Sher's regime. That way, we will know who NOT to vote for....assuming any of those people want to run.

    ReplyDelete
  3. I suggest anyone involved in the sher/shaw regime &the puppets of the zink /alma disaster be revoked from the new election I personally and others do not want these criminals back on the master board they are not qualified in any manor to conduct business nor make agreements to allow contracting work unless licensed ,bonded ,insured remember you screw us out of 3 then you walk away from what you did to us

    ReplyDelete
    Replies
    1. I'll agree with you on Sher/Shaw, but I think it's about time people wake_the_hell_up and quit slinging mud at Zink and the other former board members.

      I'd like to think that 3 years of Sher/Shaw's BS and the accountants' report should make most people question at least some of the trash talk that Sher was spewing. And if you still can't stand Zink, you SHOULD know that some of the people who served on his board are great people and great neighbors. I wouldn't hesitate for one second to vote some of them back in.

      Alma was once a great management company, but they are a shadow of their former selves and a chaotic mess. I sure don't want them back. I don't think you could even bribe, blackmail, or coerce Zink into running again for the board after what he's been through.

      We need a mix of new blood, along with some proven, experienced people to get this community moving on a positive direction. It's going to take a talented group of people to get this place under control and under a single, well-qualified management company.

      Delete
    2. My comment got blocked. I guess it is because I mentioned names?? So I will try again without.

      You are right Confuzz. There were some great people on the Zink board. Anyone who calls them crooks never went to a meeting back then. Lot of them moved out I think. A few are still around and I would vote for them too. One lived here literally since day one and is VERY honest! (smart too!)

      Delete
    3. ^^ "....never went to a meeting back then." ^^

      You mean there was a time when we could actually attend board meetings??? Where is this mystical place you speak of????? Are there unicorns there too??

      Delete
    4. Haha no unicorns but nobody ever really showed up unless they got a violation letter, car was towed, or had something to complain about. People must of thought it was too boring and not worth the time I guess.

      Delete
  4. I totally agreed with all of you. The Sher/Shaw group and the Zink group followers must no be in the new board. They are the ones responsible for all the bad things happening in our community. SAY NO TO SHER/SHAW AND ZINK

    ReplyDelete
    Replies
    1. Word to the wise, folks.....If we want to pick n' choose who we vote onto this new board, we need a good slate of candidates.

      Finding 12 people that are willing to serve on a board in this community after all that it's been through?? That's a big challenge.

      Getting double or triple that so we can weed out the bad apples and be selective? Not very likely...

      The 12 people with the most votes will make up the new board. If there aren't 12 candidates, then anyone can show up on election day, nominate themself, and get on the board with just 1 vote!!!

      So if you think you have what it takes, step up!! Or if you know anybody that would do a great job, encourage them to step up!! Now is the time!!

      If not, then don't whine if any former Sher/Shaw people or "Zink group followers" (whatever the heck that means) start running the place.

      Delete
    2. Exactly right with your comment on finding 12 people. It's very sad as what has happened to this community. There are still many fine people living here and one can only hope we will get people that are willing to serve this community. Back in the day the board members (12) was made up of one person per Phase. Hoping there is a strategy in place for the long waited upcoming election. Cedar Run is there a strategy?

      Delete
    3. As far as our intentions or 'strategy', we would certainly like to see a 1-per-phase board. There are 12 seats and 11 phases, so there would need to be one additional 'wildcard' director on the board if that were to take place.

      Once the election details are revealed, we will be reaching out to those currently serving on phase boards and encouraging them to meet with one another and discuss their vision of Cedar Run's future. It is from that group that we are likely to find people willing to serve on the HOC/HOA board.

      Aside from that, we strongly encourage anyone interested in running, who shares our core values, to step forward and introduce themselves.

      We're going to need some talented, dedicate people to make some challenging and important decisions in the years to come.

      Delete
    4. One representative from each phase.....sure sounds good.

      But if you start pulling from phase boards, you are probably going to end up with people that served with Zink/Alma, and even a few who once supported Sher.

      So what is more important.....equal representation from all phases or having people that never associated with anyone that previously ran the place??

      You start throwing too many conditions out there, and you will NEVER find 12 people to serve on this board.

      I will vote based on the merits of each candidate. I'd love to have one per phase, but competence comes first. Who they were affiliated with in the past is a factor that speaks to their character and I can't ignore it. But you have to consider the circumstances of that affiliation too.

      Example: There were people who supported Sher in the beginning, but bailed on him right away when they learned what he was doing and that he duped them. Shame on them for falling for the scam in the first place, but maybe they learned their lesson and are all the wiser today.

      Delete
    5. ALL GREAT COMMENTS GOOD CANIDATES HAVE TIME TO WALK PROPERTY TAKE NOTES AND WILLING TO SIT ON A MASTER BOARD HAS MY VOTE THE ONE THAT JUST SHOWS UP AND AGREES WITH WHAT THE MANAGEMENT TELLS THEM DOESENT GET MY VOTE ALSO NEW MASTERBOARD MEMBERS SHOULD GO ON A 6 MONTH PROBATION IF ANY REASON WE NEED TO REMOVE THAT PERSON AND NOT TO EXCEED 2 YEAR TERM EVERY MEMBER WILL SIGN AGREEMENT TO THE 2 YEAR TERM ALL SIGNUTERS WILL BE SENT TO HOME OWNERS WE THE HOME OWNERS OWN IN HERE AND WE Do NOT WANT A POSSIBLE TAKE OVER AS WE ALMOST HAD IT HAPPEN WITH SHER/SHAW !ACCOUTABILITY MUST BE TOP PRIORITY I ALSO RECOMMEND JUDGE GARCIA REVIEW ALL NEW MASTERBOARD MEMBERS&MANAGEMENT COMPANY,IF HIEL ,HIEL STAY ON BOARD WITH US AS THEY WERE CHALLENGED WITH A DISASTER MY OPINION DID AN EXCELLENT JOB FOR US PLUS THE COURT SYSTEM WAS INVOLVED WITH THEM SO NOING ALL THIS I DONT THINK THEY WOULD COMMIT FRAUD,OR CAUSE HARM TO US ? WE NEED TO REMOVE alma/apm FROM OUR COMPLEX AND HAVE ONE MANAGEMEENT IF WE NEED WORK DONE WOULD FILL OUT A FORM AND MASTERBOARD WOULD REVEIW IT OR IF ITS AN EMERGENCY WOULD CALL MANAGEMENT WE COULD SAVE ALOT OF MONEY INSTEAD OF HOW IT RAN OVER THE YEARS , CEDAR RUN WAS IN THE WORST STORM EVER? WE MANAGED TO GET THIS CLOSE TO AN ELECTION IN MAY ,FINALLY THE SUN WILL SHINE AGAIN !!!

      Delete
    6. Good comment. Just to point a few things out regarding terms for the board members:

      Based on Cedar Run's genuine, original bylaws, each of the twelve directors will serve three year terms. Every year, four will be up for reelection to their three year term. After three years, the entire board will have been up for reelection.

      Since the election in May we be for all twelve positions, an exception will be made that is similar to how the board positions were elected after Cedar Run was first developed in the early 1970's.

      Of the twelve seats, four will serve a three year term, four for two years, and four for one year. Terms for each newly elected director will be determined by number of votes.

      Delete
    7. Sure Heil & Heil has done a great job, all things considered. I am sure they pissed off a few people when they started towing cars, but most of them had it coming, and they had about two months of advanced warning before cars were actually towed.

      I am also impressed that after over a year of receivership, we are not flat broke (believe me, that is NOT how it usually works). In fact, the last report that I read on this blog shows we are in half-way decent shape. Will it stay that way after all the lawsuits are settled....who knows? But you gotta give props to Heil for keeping us solvent.

      BUT, no matter how good of a job Heil has done, this new board better get bids from multiple management companies and not just do the easy thing and stick with Heil & Heil. It's called due diligence, folks. And I don't want anyone on that board that doesn't practice due diligence!

      Delete
    8. Nice comment, Confuzzled.

      Due diligence is vital in a situation like ours. Lack of due diligence (along with a fair amount of bullying) is arguably what led to Sher/Shaw's original board members awarding them with a management contract without looking into other management options after Alma's resignation.

      Also, just to note, the financials you read here were just a summary, as described. The full report is available upon request. It contains much more detail than the summary. Just shoot us an email if you are interested.

      Delete
  5. Everyone needs to get involved with electing a New Master Board, talk with your neighbors! It is important, so that we may have a Master Board that represents all of Cedar Run!

    ReplyDelete
  6. we need to get rid of the phase officers WHY ? they want to keep alma& apm WHY? to have leverage with management and to have power

    ReplyDelete
    Replies
    1. Okay, can't leave ^^this one^^ alone...

      First, you may want to talk to some of the phase directors before you make such an assertion. Maybe they aren't as loyal to their management companies as you claim. When we have a new management for the HOA/HOC, the phase boards may jump onboard and consolidate management. You never know unless you ask, and you can't really speak for them if you don't.

      Second, do you have any idea what it would take to replace the phase boards? We would now need 33 fresh people to step up!! And not just any 33 people, 3 that own units in each of the 11 phases!!

      Good luck with that one!!

      Like I said, you can't be too picky in a community like this where very few people want to get involved.

      Delete
  7. Not sure where to ask this question so I'll try here. In the process of buying a place here and am seeing chatter about gangs, etc. Is this a safe place to live?

    ReplyDelete
    Replies
    1. FIDO,

      I've been here since 2004. It has certainly been better, but overall I find it safe. We are at (what I think is) the tail end of a real crapstorm (pardon the technical jargon) regarding management.

      The "gangs" are really just a bunch of young punks and "wannabe" gangbangers in my opinion. These kids wouldn't last 5 minutes in real gangland areas in Chicago. They love to spray graffiti on dumpsters & fences, but even that has been under control in the last few months.

      In 2013, there was a firearm that discharged over 20 rounds but nobody was hurt. I can't say if the wannabe gangbangers were responsible or not for that incident.

      If you're thinking of buying, I'd be more worried about the fact that you have literally no available street parking. Make sure you have two cars or less and one of them fits in your garage. Be prepared to deal with loud parties on the weekend and drive slowly down the streets to avoid hitting the kids whose parents let them wander into the streets unsupervised.

      Last, make sure you do your due diligence in looking into your association's financial health. If you know which phase it is or are willing to say what street the unit is on, someone on this forum might be able to tell you more.

      Delete
    2. Are you looking to live here or buy a unit to rent out? The place has slowly become a rental complex. Most of the issues come from renters, and a lot of the landlord owners just don't care as long as they get their check. I hope management can start cracking down on renters and making owners screen their tenants better.

      Delete
  8. Replies
    1. Phase 5. They are a problem child...I would ask a lot of questions before buying there.

      Glad that you will be living here and are not another offsite owner.

      Delete
    2. Welcome to Cedar Run! We do have problems, but over all it is a nice place to live. I have been here over 20 years. Nice, being close to Target, Jewel, Walmart, and Sam's Club.

      Delete
  9. Hmmm. That doesn't install confidence! I close in a few weeks. The unit is totally rehabbed and gorgeous, what kind of problems?

    ReplyDelete
    Replies
    1. The above commentor is correct that this unit is located in Phase V. Phase V has had some great challenges over the past three years regarding it's board and management. Things have been getting better in Phase V as well as the rest of the community in general.


      The full explanation is a bit to complicated to post here. It will require a full understanding Cedar Run's history and a full description of how the associations are structured.

      Please email at restoreCR@gmail.com or call the hotline at (224) 544-9058, and we will be glad to fill you in.

      Delete
  10. I can live with management issues as long as the community is safe. I don't want to be worried about theft or safety issues.

    ReplyDelete
    Replies
    1. You won't get robbed or attacked...maybe just annoyed by loud parties and people parking in your way.

      About management....you say that now but just wait and see. Phase 5 literally has NO management. A couple guys who have no idea what they are doing are trying to "self manage". Trust me, it isn't going to last. And when it's over, your dues are going up for sure. For now, you literally have nobody to call if there is a problem in your building.

      I hope your lawyer asked for a 22.1 disclosure.

      Delete
    2. I've never lived in an association situation before. Aren't the dues already high considering there is a master fee and HOA fee? It's like $310 already. What is that for?

      Delete
    3. Yeah, tell me about it....

      The two association thing is real pain, but we are stuck with it. The developer that built this place in the early 70's wrote up our declarations in a way that we can't change it.

      Dues are high for a number of reasons. I don't even know where to start. But a big part is the fact that we have been embroiled in lawsuits since the summer of 2012 when some moron (I won't mention any names) tried to take the place over (and partially succeeded). The lawsuit have both direct and indirect costs that are coming out of the pocket of the homeowners.

      Delete
  11. So the parking space on street next to my unit isn't mine to use? Where do my guests Park?

    ReplyDelete
    Replies
    1. I've read your comments I don't think you are as uninformed as you act. You picked the worst phase in Cedar Run apparently without asking any questions. Your guest can park on Cedar Run dr. " don't ask and good luck " or you go park at Wal-mart, you probably won't get caught.

      If you have more than 2 cars you can buy a spot for $120, there are 4 left " allegedly " who knows for sure.

      There are a lot of "intellectually challenged" people in here you will just be one more.

      Delete
    2. Anonymous- You do not need to be rude with your comments! Apparently, our new neighbor was not fully informed by his realtor of the on goings here in Cedar Run, as alot of Realtors are doing!

      Delete
    3. hello neighbors any comments or concerns go to clubhouse FYI remaining spots are sold as for your ''guests'' good luck LOL beware of white tow truck .

      Delete
  12. On Cedar Run Drive, If they can find a spot.

    ReplyDelete
  13. That was weird. Not as uninformed? I'm trying to understand how things work.

    ReplyDelete
    Replies
    1. FIDOSTUDIO, the simple fact that you did some web searching, discovered this blog, and started asking questions puts you way ahead of most new Cedar Run owners.

      On behalf of the blog team, we would like to welcome you to the neighborhood and encourage you to continue reading and asking questions.

      Being that you are new to association living, there are many things that all owners should know, though many do not make the effort to learn.

      We would be happy to answer any questions or concerns you have if you would like to email or call. Cedar Run is somewhat unique in the way it was organized at its inception. We have also been through a difficult time over the last 3-4 years, but the future is looking brighter. The more engaged our owners are, the brighter the future will be.

      That said, we strongly encourage you to get involved and get informed. There will be an important election coming in May, which will give you a chance to get acquainted with many in the neighborhood and to have a say in Cedar Run's future governance.

      We would love to hear from you.

      restorecr@gmail.com

      Delete