Southern Walk HOA has named Broadlands HOA a defendant

As a member of both BHOA and SWHOA - I am now party to both sides, and essentially fighting to defend myself against myself!!!??? This is absurd.

 

This is not just about a legal issue people, there is much more at stake...

EGOS of some of the participants.

 

Since the only reason the SWHOA exists is to collect money for the Openband contract, does that mean the the SWHOA will cease to exist if the lawsuit against Openband is won?

 

It does not automatically seize to exist. It has to be terminated by members with 80% votes. However, current directors stated they intend to sign another telecom agreement with the likes of Verizon or Comcast at much lower price. I would like to see SWHOA get out of telecom business if we ever win the Openband case. Let the homeowners choose their service.

 

Anyone have a plan B? Anyone? Bueller, Bueller?

If the overarching sentiment is to overthrow the HOA because they have performed poorly, then what is the big idea from there? That we put a new group of board members in play based on animosity alongside a paragraph on a nomination sheet and hope it all comes out in the wash?

While there have been plenty of criticism tossed around from a few armchair board members, I haven't witnessed a single cost analysis or any coherent implementation details outlining the replacement/enhancement of the current legal team/strategy.

Or, maybe there is the thought of simply cutting the losses, forgetting about the recovery of any of our funds, and stay locked into this mess for the rest of our natural lives? What's the problem with our home values being suppressed forever because potential homebuyers won't have a freedom of choice when it comes to a minor thing like broadband access anyway? A competing real estate agent would never think to drill that insignificant aspect into the ground when a comparable home in the North is up for grabs.

While you may recognize a kid on drugs and rightfully decide to not physically harm them, not having an approach towards calmer waters will do just as much harm, if not more, in the long run.

Here's a thought, how about the nominees post their plans to remedy the situation here on the forum, in the name of the transparency that is demanded from the current panel. It would help the rest if us residents understand why we should vote for you. I'd like something a little more that 'the board sucks' to sink my teeth into.

 

wolf685cln,

I am not a candidate yet, hence I have not articulated my positions. However, here is one clarification.

I am not against the litigation strategy adopted by SWHOA. As a matter of fact, it was a right strategy and a winning strategy as proven by Landsdowne. The problem our HOA is having is execution of the strategy. Our HOA president boasts that Landsdowne copied SWHOA's complaint at verbatim, however she blames the judge for the losses. If the Board is pragmatic and focused on winning, they would have realized 2 years ago, that the attorney they hired is not a litigation specialist. He made huge blunders in filing and arguing the case, the type of blunders even a 1st year law student does not make. From what I can make out, Mr. Rommel is a good strategist, he fails miserably in litigation.

None of the board members of Southern Walk HOA had any prior legal experience and it showed it they selection of the attorney. Even after all their complaints are dismissed on procedural grounds in the last 2.5 years, the board is adamant that Mr. Rommel is the right man for the job. They argue that changing the attorney would mean changing the strategy. A false argument IMHO. What they need badly is an experience, respected litigation attorney with proven track record.

Landsdowne in contrast, hires specialist attorneys at every stage of the litigation. If one reads their district court filings and transcripts, one would be impressed with the thoroughness, knowledge of the case law and command on the subject. In the higher court, Landsdown hired another attorney to argue its case, but they wanted someone who is experienced and respected in the appeals court. In contrast, our attorney was found apologizing for not pleading details, as he did not expect the subject would come up in the hearing, and asking courts permission to amend the complaint during the hearing. And our HOA Board adamant about sticking by the same attorney who failed over and over again. He could not even get the case past the federal judicial requirements.

We can attribute Landsdowne's success to its selection of the attorneys. I am sure having a practicing attorney on their board has a lot to do with it.

No, we do not need Plan B. We just need to execute Plan A properly and give ourselves a chance of winning. And that may not be possible until the HOA hires a right person(s) for the job. Clearly this Board is incapable of identifying the right legal team. That deficiency can be resolved by forming a legal advisory committee with 3-4 persons experienced in legal and litigation process from the community.

If and when I file my nomination, I will articulate my positions and thoughts. R

 

Erika Cotti claims that she has disclosed her intent to filing a lawsuit against BHOA in this letter from Feb this year.

Robin,

As you are aware, I purposefully did not complete or submit a candidate interest form for the 2013 modifications subcommittee.

After a lengthy discussion with the BHOA president and the disclosure that the SW HOA will be filing suit against the organizations who granted OpenBand their exclusive easements. I felt I had to make a decision: 1) either resign as president of the SW HOA or 2) resign from the BHOA modifications subcommittee.
But serving on both would be unethical and a potential conflict of interest.

When all of the legal matters surrounding OpenBand (and the easements) are resolved, I will seek a reappointment to the subcommittee, until then it is in the best interest of the Southernwalk & Broadlands HOA for me to step down. I have greatly enjoyed the 7+ years of serving on this committee and wish the remaining members well.

Best,
Erika M.Cotti
Sent from my iPhone

I was told, this is not a resignation letter as she was already removed from the modifications committee when this email was sent.

I asked about this theart of lawsuit against BHOA in a BoD meeting. Ms. Cotti claimed that she would not answer questions about litigation strategy.

Why didnt SWHOA not bother to inform Southern Walk residents of this?

 

As a Broadlands North homeowner, any sympathy that I once had for the fight against Openband is long gone. I don't understand suing BHOA. Is it just me or does this seem no different from someone suing oneself? I can appreciate if Openband and/or the developer did something wrong and wanting to fight those entities however if BHOA (ie, yourself) did something wrong then how is there anything to gain with a fight there? Maybe they somehow see something to gain by bringing all of Broadlands into the fight, even if it's on the other side? From where I sit all I can see is creating a couple thousand new enemies. I had sympathy for the fight against Openband but the bottom line is if it's going to cost me anything then that sympathy is out the window.

Another aspect of this that keeps coming to mind but I never see it mentioned is the Openband deal has not been forced on anyone. I don't believe it's possible that any South homeowner could have purchased their home without being aware of the non-optional Openband services. Buying there anyway was a calculated risk. When I bought back in 2005, I was aware of it and I steered clear of the South. Because I didn't like the deal and intentionally stayed away from it I am perhaps slightly extra bitter at potentially being pulled into the fight.

 

Lets not make this Broadlands North vs Broadlands South issue. This lawsuit is an action of one irrational person. Many of us in the Broadlands South dont support it and we will see if it can be corrected. Any harm to Broadlands HOA effects the entire Broadlands community.

Broadlands South homeowners do not need any sympathy from Broadlands North homeowners. The fact of the matter is, when developers were in control, they used Broadlands HOA to do this great injustice to homeowners south of Waxpool. Now, that we are in control of both HOAs, and FCC and LOTP have shown that exclusive easements for video are illegal, we all need to support each other to get rid of this monstrosity.

And, please do not try to blame solely on south homeowners for purchasing homes with the Openband Contract. If we travel that path, Broadlands HOA can be held responsible for granting exclusive easements to Openband. Unfortunately, we are in the pre-trial phase of the litigation already and we have to do everything in our power to get out this with least damage.

 

Cogs- didn't the entire SWHOA file the lawsuit? Who is the one irrational person you are referring to? Do you mean Bill Dean?

 

The person leading the litigation "strategy" in my view

 

According to cogs it's a "winning strategy".

 

Filing the complaint in the Federal Court to get the ruling that FCC order applies to SWHOA, before approaching the state and local courts, is the right strategy.

Not sure what outcome SWHOA is expecting by naming BHOA as defendent. Do you?

Tried asking Ms. Cotti in March '13 meeting, she said that she would not comment on the legal strategy. Later I found out that she was indeed communicating in writing about her intentions of suing BHOA with people not connected to SWHOA or the Openband lawsuit. So, why the secrecy when it comes to SW residents?

 

I am not sure about the secrecy, but you're saying she has a suit against the BHOA?

 

She is named in it. Read the first post.

 

Thanks hornerjo, I was missing that piece. So the three of them will now fill the individuals who have been actually harmed part of the suit?

 

I am referring to the fact that SWHOA President openly talking about the decision to file a lawsuit against BOA to members of Modification committee and residents of Broadlands North. However, when Southern Walk residents seeks clarification, she refuses to talk claiming it is "legal strategy".

This term "legal strategy" has become a convenient excuse for the board to keep their actions hidden from the residents of Southern Walk.

 

Cogs, do you mean you and Sashi as the residents they are hiding their actions from, or all of Southern Walk?

 

Cogs and Shashi are the same person, you can see that on his profile page. If I were a resident of Southern Walk, and therefore helping to pay for the legal fees associated with the lawsuit, I would feel entitled to information about said lawsuit. The SWHOA is there to serve all the members of the association, not just those who agree with their actions. I think if a board member is questioned by a member of the association, that question should be answered to the best of their ability, even if nobody else has ever asked for that information and is the only person who will ever ask for that information.

 

And other than Sashi or cogs who is claiming they have been denied anything?