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Condo group suing couple over Web site

Submitted by Admin on Wed, 09/05/2007 - 8:26am.


By Sally York | The Flint Journal

MUNDY TWP. - A married couple who started a Web site for residents in their condominium complex are learning that free speech can be costly.

James and Helen Cunningham say they are staggered by a bill from their condo association for more than $3,000 - the attorney's fees racked up by the board of directors so far in suing the couple in Genesee Circuit Court over the site.

In court papers, the board claims the site should be shut down because it violates an association bylaw that forbids "annoyances" and interferes with association business.

The Cunninghams said they started the site so they could get to know more neighbors in the Lake Park Village subdivision on Fenton Road, north of Baldwin Road, where they've lived for 13 years.

James Cunningham said he is dismayed by the board's effort to force him and his wife to finance the lawsuit, even threatening to put a lien on their property if they don't pay by Monday.

"This is pure harassment. It's scare tactics," Cunningham said after a court hearing Tuesday in which Judge Geoffrey L. Neithercut ordered the parties to try to settle the case through mediation.

"This is not the kind of case that needs to be resolved in a court of law," the judge said. "(The parties) need to be able to find some kind of peace in the future."

The lawsuit is the latest round in a months-long dispute over the Web site, which features puzzles, games, family photos, horoscopes and recipes.

More controversial is LPV Sentinel's discussion forum, where neighbors can air grievances about anything - including the association board and Spectrum Property Management, the management company for the complex.

"We found a way in modern times to talk to our neighbors and get our voices heard. They don't like that," said Kindra Wright, a Lake Park Village resident since 2004 and a registered member of the site, www.lpv.hoaspace.com.

At the hearing, association attorney Timothy Knecht argued that the site infringes on Lake Park Village Association's name and is prohibited in the bylaws as an annoyance or nuisance.

"They're stirring up the whole condominium association," he said of the Cunninghams. "They're trying to run their own little association."

James Cunningham responded that he posted a disclaimer on the site's home page: "This Web site is not associated with nor does it represent Spectrum Property Management or the Lake Park Village board of directors."

Of the 294 dwellings in the complex, 36 homeowners have registered to use the site, which is restricted to association members. Dennis Shaw, of Spectrum Property Management, and board members have been barred from the site pending resolution of the suit, the Cunninghams said.

Association board President Mark Harvala and board member Richard Parks did not return phone calls from The Flint Journal on Tuesday.

The Cunninghams vowed to take their fight to keep the Web site "all the way."

"It's stressful," said James Cunningham, a retired General Motors diemaker, "but I know I'm right. This is about freedom of speech and knowing what's going on in your community."

***

Source


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File this one under "insult

Submitted by Flotilla DeBarge (not verified) on Wed, 09/05/2007 - 3:37pm.

File this one under "insult to injury"--paying the association attorney $3,000 to sue a homeowner, and then asking the homeowner to pay up!
Wonder if the board approved this level of expense, or did this rogue property manager just put his buddy on the association tit?


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These homeowners need to

Submitted by Pat (not verified) on Wed, 09/05/2007 - 4:59pm.

These homeowners need to remember one thing....has a Judge ordered them with a court order to pay.

OK maybe two things....they did not hire the attorney!

Pat


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"In court papers, the board

Submitted by Jake on Wed, 09/05/2007 - 10:15pm.

"In court papers, the board claims the site should be shut down because it violates an association bylaw that forbids "annoyances" and interferes with association business."

Interference with business may be actionable. But a prohibition against "annoyances" is EXACLTY what I have referred to when I said some CCR provisions would have been - and were - declared unconstitutional 50 years ago if enacted by a *real* government. My guess is that the actual provision is not very explicit about what is an "annoyance". More likely, the board/lawyer was reading "annoyance" to be whatever they wanted it to be.

THIS is the kind of thing I believe is truly egregious and an abuse. Not having seen the facts other than the news article, I won't comment on whether the judge was right or wrong as to the law in this specific case. The judge has a duty to follow the law as it exists today - not what he would like it to be. Even if the covenants do restrict such conduct, this is exactly why HOAs should NOT be private corporations without any constitutional restraint. And this may be what the judge was trying to say - I don't know.


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If anyone can direct me to

Submitted by chachaangelina (not verified) on Thu, 09/20/2007 - 5:51pm.

If anyone can direct me to any law cases involving mismanagement of a homeowners' association, you can write me at chachaangelina@yahoo.com


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Chach - that request is way

Submitted by Jake on Thu, 09/20/2007 - 6:46pm.

Chach - that request is way too broad. May I suggest letting us know:

1. What state you are in
2. Who is mismanaging it - developer-appointed board or homeowner board, and
3. What is the general issue of mismanagement

Thanks!


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I was a resident of Lake

Submitted by Christina (not verified) on Thu, 08/13/2009 - 1:39pm.

I was a resident of Lake Park Village. And I did lose my home to foreclosure because of ridiculous accusations made by Dennis Shaw. He is a convicted embezzler, and an outright bully. I was going to sue him for 3 yrs of harrassment, but it wasn't worth it. After he beligerantly sent me letters accusing me of ridiculous things, he executed a lien on my home on the association's behalf. Stating that I owed the association $3000 for interfering with an approved vendor, when I did not allow the handyman to come in my house unattended for an inspection.
I told residents then, that they needed to hire a forensic auditor to check the books. Now, Mr. Shaw, who is in control of funds has a letter of intent to foreclose on his condo. Karma! However, if I were residents...I would be concerned that someone is setting themselves up to leave the subdivision. Ever heard the term.....take the money and run? I would love for the Cunningham's attorney to contact me! I have all the documentation of 3 years of bullying and outright harrassment. If the attorneys are interested...I can be contacted at Tenure35@yahoo.com!!!


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Christina, Wow you actually

Submitted by Curious (not verified) on Sun, 01/31/2010 - 9:59am.

Christina,

Wow you actually think anyone is going to believe a management company drove you into foreclosure. You go into foreclosure because you don't pay your house payment!!!!!


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To the uninformed "Curious":

Submitted by Anonymous12345 (not verified) on Mon, 02/01/2010 - 11:01am.

To the uninformed "Curious": HOAs and condominium associations have the ability to foreclose on your property and can do so regardless of whether you are current with your mortgage to the bank. The HOA management companies and HOA attorneys are in the foreclosure business and they often work to entangle assessments with other items such as attorney fees, collection fees (these are made up at the whim of the mgmt co and HOA attorney), etc. Even if you had no mortgage on your home (i.e., your home was paid off), a condominium or HOA has the authority to foreclose on your home. The people that are at the greatest risk for this are the senior citizens (whose large equity in their homes makes them targets of unscrupulous mgmt companies and HOA attorneys) and the uneducated such as yourself.


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