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Author Topic: Lawsuit against the board en et al Update  (Read 3163 times)
David
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« on: January 23, 2012, 10:25:06 PM »

Hello fellow property owners of the private communities known as Stillwater Lakes Estates and Stillwater Lakes whose common areas are managed by "Stillwater Lakes Civic Association" SLCA. (More on this later)

I am writing this post to inform you all of the latest updates concerning a lawsuit that was started a few years ago by a small group of homeowners including myself, against some of the past and current board members, the prior management company (NEPA Management), owned and operated by Tom Wilkins as well as another company he also owns or owned at the commencement of the suit.

This case has been "very challenging", for the lack of a better term. As many of you may or may not know, lawsuits of this nature not only take time, but they also require funding. Fortunately for each and every property owner within this community, there was a small, but very concerned set of homeowners that gladly contributed towards the legal funding that was required to get the case started.

A lot of time has gone by since we started the suit and there have already been some suggestions by the other side to "make this suit go away", or better said, an inquiry to have it settled out. (Not the exact wording, but you get the point)

Well, here's the issue...

What could the property owners, (or more appropriately---"VICTIMS") possibly settle for with all past, present and future damages allegedly caused by the defendants of the above mentioned case???


Let's take a quick look at the past.

For starters, it has already been established that according to our deeds, which supersede the bylaws; it is NOT "MANDATORY" to be a member of SLCA, which in turn would NOT obligate you to "Dues" and "Bylaws"...and the ever popular "Security". That said--how much has each and every "Victim" paid?
With an average of $400/year for what they label as "Dues" and the $280/year for security...then you multiply that by the number of years as a property owner/victim, that's a lot-ta loot!

Then there's that simple little document many of us victims signed at our closing that basically poses the question to the board members/ "Sellers" that asks if there were outstanding lawsuits against the association at time of closing. For those of you who might not know, there have been a multitude of lawsuits against the association within the past two decades, so if your particular doc shows that there wasn't, then you were lied to. I would suggest you all check with your closing attorney on that fact. Unfortunately at the time of my closing, my attorney missed that one too.

There's also an issue in which they continue to refer to all property owners living in the community east of I380 as "Stillwater Lakes Civic Association". Did you all happen to know that it is a fact that we are actually "Stillwater Lake ESTATES"? Simple homework done by a few of us.

Then there's that illegal loan taken out on the clubhouse, with us set as the collateral; that "First Right of Refusal" that was also illegally sold; which by the way, made the proud new owner of that commodity many thousand bucks. Check your closing docs on this one.

Now comes the Present.

From what I gather, many "homeowner/victims" are currently being sued for past owed "Dues, Security, Sewer etc." This one's pretty simple...anyone ever heard of "Fair Debt Collection Practices Act, 15 U.S.C. § 1692"? You know... the whole "truth in lending" law. Look it up folks! You'll be surprised just how helpful this law can be when it comes to a bill collector such as SLCA having to prove YOU actually owe "Membership" dues.

Has anyone looked at the roads lately? Did you know that as part of the membership scam, portions of the proceeds are supposed to go towards fixing said roads.

...and what about that whole sewer situation? Last time we checked it was going to be a little over 8 million dollars to repair. Guess where that money is supposed to come from? Well, according to the skeem, scam,---tomato/tomotto, each and every sewer customer would be assessed somewhere in the neighborhood of 8 to 10 thousand each to fix this sewer system that though it has been generating revenue throughout the years, you know?...the sewer bill; No one knows where said revenue has gone.

That said we now come to the inevitable future. Oh yeah...I covered that one above...8 to 10 thousand dollars each to fix a sewer the board should have been maintaining for the past umpteenth years.

Can anyone share what they would think to be a good "settlement" where ALL homeowners/ Victims will recover their losses, including any future losses caused by the board?
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Concerned Citizens of a Pocono Community
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puchichis
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« Reply #1 on: January 25, 2012, 09:36:16 AM »

I don't know bro. There is no remedy but to keep the lawsuit on & keep educating the residents.
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FIDEL
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« Reply #2 on: January 25, 2012, 03:08:39 PM »


You need to consult with Mossad:

       (Hebrew: המוסד‎, Arabic: الموساد‎), short for HaMossad leModi'in uleTafkidim Meyuchadim (Institute for Intelligence and Special Operations)

       They are good with magnets and stuff like that!

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gojira87
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« Reply #3 on: January 29, 2012, 02:23:28 PM »

If they want to actually “settle” For starters I would say they need to pay for the repair of the sewer system, regrade and repave ALL roads in here, pay for the security for the next 20 years or get rid of it all together and they need to have an open policy on all dealings with the community. The board needs to be completely reconstituted, with each member allowed to serve no more than 2 years. 
 
My reasons as follows.
The sewer system has been a cash cow for them for years and they have totally mismanaged the whole situation so THEY are liable for everything that has to do with it. We paid our bills and they pissed away the money instead of using it towards maintaining the system.
 
The roads are self explanatory, they are now causing damage to vehicles in here I have no doubt that the roads surrounding my house have cause the ball joint issue on my truck but there’s no way to prove it, yes I looked into it.  I wanted to send a bill for the repairs to the community.

As for the board theres too much BS going on there NO KIDDING RIGHT
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