Thursday, March 31, 2011

As Filed with Court

Monday, March 28, 2011

Applebaum files Answer on behalf of Condo Assn.


Applebaum has the case number wrong, he lists 08-1565CA rather than the correct 08-2529 CA. When Jack Williams for Waterstone Resort Realty LLC put in his Answer and Affirmative Defense (11/3/08) he did it in 2 pages, Applebaum took 5 to do the same thing.

Other than saying the Condo Declaration ‘speaks for itself’ the only thing they seem to rely on is the 5/14/08 letter of David Milam, who replies to my attorney Whiteheads letter of 4/14/08, and Milam who simply says that “. . . my conclusion is that these allegations do not constitute a violation of the Declaration.”

Click on page for large clear copy


Thursday, March 24, 2011

Update on Harris v. NCC BOD Suit

For those few Owners who are following my suit against the Condo Assn, here is a brief update:  There was a Case Management Conference today with Judge Fensom and Assn. Attorney Applebaum.  The date established for trial is June 10th.  You might recall that 10 months ago the half of the suit against Waterstone Resort Realty LLC was settled, leaving only the Condo Assn as defendant. 

Two letters from my attorney  via their attorney to the Board were simply ignored.  No 'yes, we will settle' no 'no, we won't settle', just no reply at all.  This is pretty typical of the old Developer controlled Board of Directors.  I was somewhat surprised that the 'new' BOD, which has 2 Owners (of the 3 Board positions), did not weigh in on a settlement.

The settlement up to today would have been:
1)  an agreement that the BOD would adhere to the Condo documents in the renting out of units, and
2)  payment of my legal expenses to date of $6,500

The matter has from day one, been available for settlement and has only proceeded due to the BOD ignoring my requests that it follow the condo documents.

My expenses to and including the trial on June 10th will be at least $12,000 with an estimate that the Condo Assn will be out of pocket around the same amount.  This is all money that the Owners here will be paying, probably via a 'special assessment' as this amount is not provided for in the 2011 Budget.

The various letters, pleadings etc are found on a seperate blog site:

Wednesday, March 23, 2011

Next Activity in this case is set for a half day trial in Judge Fensom's Court on June 10, 2011.