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Lawsuit Update

Started by DorieW • 5 replies • 1367 views

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DorieW (Tennessee)
Posts: 52
Posted:
R Property Management Inc. dropped the lawsuit against myself and my neighbor as they chose to not answer the interrogatores or request for production of documents. The FaceBook page still remains in proper working order and we remain free to post the truth in person and/or online.

Evidence has been acquired to support the understanding that our HOA, while operating with an EIN assigned to the name "Sawyer Green HOA" in 2001, has only been operating with respect to IRS annual non profit filings and is not the name utilized for the actual daily operations of the HOA.

The name only entity, "Sawyer Green II HOA" has been operating as a full blown HOA and has not filed an IRS annual non profit report since its formation through an amendment (only) made to the state charter in January of 2009, which was not by any actual board member for Sawyer Green HOA.

Looking at legal options to bring this scam to an abrupt hault...
LarryB13 (Arizona)
Posts: 4,099
Posted:
Dorie,

Congratulations on the outcome of the lawsuit. I recall seeing a draft of the complaint and concluded that it was nothing more than a SLAPP suit. I am surprised that the judge allowed it to go as far as discovery as the draft I saw failed to state any claims. I hope you were able to recover your costs.

DorieW (Tennessee)
Posts: 52
Posted:
I recall this Larry about the SLAPP possiblity. Interestingly enough, I did not retain an attorney. Handled the discovery on my own. My neighbor had an attorney handle his. They answered none of my questions and waited until my neighbors attorney threatened to compel the court for answers. Learned a great deal in the process and am looking into my options now for bringing this scam to an abrupt stop, legally. Thanks for your imput Larry. It was very helpful.
DorieW (Tennessee)
Posts: 52
Posted:
By the way Larry, let me know if you want to read the interrogatories...fun read...
LarryB13 (Arizona)
Posts: 4,099
Posted:
Dorie,

I will pass on the interrogatories.

I am not surprised the management company dropped their lawsuit when they got to discovery as that is where all the costs really run up. I would imagine that they expected you and your neighbor to roll over and play dead when they sued. When you fought back and started on discovery, most likely the management company's attorney advised them that their initial retainer was used up and they would have to fork out another ten grand or so to continue. That's a lot of money to dump into a case they could not win and even the dumbest of clients would see the writing on the wall.

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