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2014 Southern Walk HOA Elections

Discussion in 'Broadlands Community Issues' started by cogs, Nov 23, 2014.

  1. kevinq

    kevinq Member

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    I think it is more of a timing thing. The election is Monday. Unless there is an injunction placed upon the election, the recent by-law update stands for this election and people impacted by the change will not be able to be a candidate. Unless there is a legal ruling to hold off on the election or redo the election, the by-law change, even if temporary, will have served its purpose. If there is legal action, it is the SW HOA who pays the legal fees and not individual board members. For the current board members, there is not much risk to them with the approach.
     
  2. kevinq

    kevinq Member

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    If I am not mistaken, a similar by-law change happened last year right before the election and Sashi was unable to be a candidate.
     
  3. Excelsior

    Excelsior Southern Walk||IMPERIUM IN IMPERIO||

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    so can sashi run or not?
     
  4. vacliff

    vacliff "You shouldn't say that."

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    Shashi won his previous litigation against SW HOA. SW HOA attorney looked bad, trying to defend their indefensible action.
    I can't imagine how much SW residents are paying in legal fees as their Board continues on its vendetta against this individual.
     
    Last edited: Nov 30, 2014
  5. cogs

    cogs Well-Known Member

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    Hi,

    Most of you already know that I was "disqualified" again in 2014 elections from serving as a Director on SWHOA Board. This time, I believe I received more votes than any other contestant (more than the votes of two incumbent directors combined).

    I have decided to seek justice and filed a complaint in Loudoun County Circuit Court last week.

    In the interest of keeping the community informed I have decided to share the court documents. These court documents are public information and anyone can access them.

    However, at the advise of my attorney, I will not be publicly discussing the case itself.
    I encourage everyone to read Complaint.pdf. It has all the factional information and it speaks for itself.

    Posting all the documents filed with the following exceptions.
    Exhibit B - Nomination Form is withheld as it has names and addresses of the three homeowners who signed it.
    Exhibits E and G - They are association documents, Bylaws and Articles of incorporation. To save the bandwidth and space, posting only the pages what are referred in the complaint.

    As the case moves forward, I will share the relevant documents.
     

    Attached Files:

    Last edited: Apr 27, 2015
    hornerjo, Sleepyhollow and flynnibus like this.
  6. Zeratul

    Zeratul Well-Known Member

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    Good luck Shashi.... but this is so sad that it has to happen. But I admire your courage and persistence for what I also believe to be an unfair action.

    Even though this will cost our community more money... I encourage you to do what you feel you have to in order to get justice.
     
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  7. vacliff

    vacliff "You shouldn't say that."

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    Someone should ask the SW Board how much they spent in legal fees to defend their deplorable and indefensible action of charging Shashi over $1000 for simply asking to see the SW financial records.
    I attended the court hearing that Shashi had to file to get his money back. The SW attorney was only doing the job she was paid to (paid for by SW residents) but she was soundly defeated and I felt sad for the two SW Board members who took the stand and tried to defend the action.
     
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  8. Zeratul

    Zeratul Well-Known Member

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    Which Board members took the stand? And if you don't mind... what was the basis for their defense? Yea I plan to ask about the charges. I think it is safe to say that it is more than double what the HOA charged Shashi.

    Did he just win his money back or did he get damages too?
     
  9. stevensrmiller

    stevensrmiller Stevens Miller

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    I am the attorney for Shashi Aadipudi. As lawyers sometimes do, I've suggested that he not get into detailed discussions about his litigation online. Posting documents anyone can see at the courthouse, of course, is not a discussion.

    In response to the question above, public records also show that the Loudoun General District Court ruled in Mr. Aadipudi's favor on August 19, 2014, and ordered Southern Walk to pay him $1,506.88, which was the full amount he requested, an additional $56 in court costs, and interest at the rate of 6% per annum from September 9, 2013. Southern Walk has paid in full.
     
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  10. Capricorn1964

    Capricorn1964 Well-Known Member

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    Oh I am sure its more than double since they had to pay Shashi back the full amount AND pay the lawyers who defended SWHOA as well. I and many other residents feel confident that Shashi probably will win round two of this ongoing saga. Someone mentioned that the local newspaper would be contacted to let them know that SWHOA is being litigated again. Its incredible that this community can afford all these nice lawsuits by SWHOA. Seems the costs don't bother the board at all since its not their money they are playing with but that of others....

    I wonder when is the community is going to wake up and realize their hard earned $$$ is being squandered on useless and wasteful litigation actions. All this money could have been used in other more productive ways.
     
    Last edited: Apr 29, 2015
  11. Capricorn1964

    Capricorn1964 Well-Known Member

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    I am pretty sure those two HOA board members felt like fools in front of the judge AND losing their defense to boot. Seems like they are so blind to the fact that their legal team is still ineffectual even in non-openband issues. SMDH.
     
  12. Capricorn1964

    Capricorn1964 Well-Known Member

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    Wow....the election figures speak for themselves....looks like some of the incumbents are not as popular as they think themselves to be. Looks like Shasi got railroaded......
     
  13. hornerjo

    hornerjo Senior Member

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    I went to the Loudoun General District Court to look up the case information, very cool site. It's amazing the public information you can find after typing in a plethora of names. Case # GC14004789-00 is particularly interesting.
     
  14. cogs

    cogs Well-Known Member

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    WOW!!
     
  15. cogs

    cogs Well-Known Member

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    Update of 2013 Elections case:

    As most of you know, SWHOA illegally denied me from participating the elections. We filed a case in January 2014 seeking court's review of the SWHOA election procedures.

    Southern Walk filed Demurrer. Court heard the arguments on July 21, 2014 and ruled against Southern Walk .
    SW was ordered to respond to our complaint, which they did.

    We went into discovery phase asking for some documents in their possession. Southern Walk did not comply. The documents received in discovery are NOT public information. The discovery documents stay between the attorneys. They stay between the attorneys. If my attorney choose use any of them in case and files in the court, they only those used in the court become public information.
    We DID NOT seek names and addresses of the SW homeowners.

    We filed a Motion to Compel (Discovery). Southern Walk opposed.

    Court heard the arguments on our Motion to Compel yesterday and ruled against Southern Walk ordering them to comply within 10 calender days.
    According to the court records, court heard 2 motions in this case so far and ruled against Southern Walk both times.

    In yesterday's hearing, Southern Walk made a claim which came as a shock to me. Southern Walk claimed that my complaints costed about $200 per household until now. That is over $220,000 on a couple of motions in this case and the my case seeking return of the $1500 they charged me illegally. They have yet to respond to the 2014 election case, so the expense there should be zero.

    I assumed SW spent several times $1500 they charged me but six figures is outrageous.

    if they really spent $220,000 it is a serious breach of fiduciary duty.
     
    Last edited: May 2, 2015
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  16. L0stS0ul

    L0stS0ul hmmmm

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    Not a shocker. Our board loves paying the atrocious lawyers tons of our money. I stand by my previous statements. I would never use this law firm for anything because they allow the current representation to keep taking money from the homeowners with zero return.

    I hope you win quickly. I stand behind what you are doing and its worth the cost to show what is going on.
     
  17. Zeratul

    Zeratul Well-Known Member

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    Just sad on so many levels. If the Board makes a claim like this in court I hope they can back it up. And I am sure this will be asked at the next meeting too.
     
  18. Capricorn1964

    Capricorn1964 Well-Known Member

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    I sincerely doubt that the board will be willing to open their financial records to any outsiders except for the board members only. I don't think they want anyone to see where the money went. I frequently wonder if they will destroy the books before hell freezes over before they are ordered to show it to others.

    I have read of instances of where HOAs indeed have destroyed financial records to avoid members from finding out what's been going on. Sad but true. So I think any HOA will get all lawyereed up before they reveal the books.... Just my .02 .....
     
    Last edited: May 3, 2015
  19. mikebnllnb

    mikebnllnb Member

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    I'm I incorrect in thinking the SWHOA's bylaws require the HOA to be audited annually? Shouldn't that audit be open to all SW residents to view?
     
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  20. L0stS0ul

    L0stS0ul hmmmm

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    I believe that's one of the things Cogs was trying to get when the board fined him causing this whole thing.
     

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