Cathy Hutton’s Blog: VLC Director since 1/28/14, owner since 2007

Please accept my apology regarding that letter sent and signed by the Board of Directors. For 4 months, I have been fighting the former board, the attorneys (who have billed us $xxxx.xx?? now arguing the Water Amendment was illegal, while we didn’t collect $30-$35k) and now the current board who included one member of the former board, instrumental in this issue (who did not remove herself). A hand- selected “impartial” committee was formed by Pres Aliperti which included one volunteer who is not listed on the deed, therefore not a legal owner, therefore cannot serve on an owner committee. Another, had openly spoken against meters and volunteered as a “neutral” party. To take volunteers from only those present at a meeting excludes all owners such as myself, who have minimal water usage, spend 8 -9 weeks in total at VLC and in my opinion is not impartial. The opinion issued by attorney Himschoot on 2/20/14 was countered by an opinion (the same stated since Nov) by me on 3/12/14 and reported as reviewed at a meeting with GAD attorneys Himschoot and Deboest from which I was excluded; reported to be at the suggestion of the property manager. The result of the meeting reported to me was the attorneys reversal of position based upon review of my opinion which included sections from our ByLaws not included in their opinion. The letter received was prepared and sent and I am not aware of the author of it nor was I given the opportunity to proofread it.

I have learned more than I ever wanted to know about condo associations and the related laws in the past 4 months and would never invest in a condo again. Condos are controlled by elected Board of Directors whose most important responsibility is FIDUCIARY; upholding governing documents and collection of assessments. Most of us when voting have little information about the owner candidates, none of it is substantiated and therefore either vote on whomever we know from coffee-a short statement we read, or not at all. The power given to these individuals is almost absolute and if they make mistakes, whether from ignorance or intentional – the financial consequences will still affect all and the law is not quick and easy to protect. If you research the matter, attorneys will caution that board members is important, and reading the laws and court cases which can be found through Google will illustrate further. Would you take your car to a pastry chef for repair? Would you take your dog to the auto body shop for his check-up? I don’t think any of us when we elect a board, expect to be shut out of communication; like previous boards, the new board has not made a priority of sharing information with off property owners which I proposed to them in the first week. Only those able to be present at the property meetings are kept updated.

The past two years have been a disaster financially and I have made suggestions that we need to attorney shop, which have been ignored. Google searches for court cases disclosed that we may be overpaying by $150 per hour for our area and we should have separate counsel for advisory, collections and litigation. No attorney is a specialist in foreclosure/collections and litigation and the billing rates area not usually the same. Legal expenses have exceeded the Annual budget already this year, as in 2013. The last justification for the reversal of opinion on the Water Amendment to my opinion, blamed JON MILLER, though his minutes and notes were not the problem – the failure to address the foreclosed bank owned units by the attorney in his opinion was.

I received the letter mailed to owners, the same as you and found it to have a RUDE tone and incorrect wording. To RE-KEY one’s lock would mean to CHANGE your lock – you would then not have a key to your unit. The property CAM, Lucia Stiles, sends communications to the other 4 BOD members and excludes me. I have addressed this and her response was that Pres Aliperti is who she takes direction from which Pres Aliperti has also written and is a term of the contract with VLC and Sentry.

I have not seen any reprimand or direction regarding this from him, she continues to omit me from her communications and based on the lack of direction from Pres Aliperti, this would indicate his assent. and the proofreading of this letter, was not done by me nor did I see it prior to its mailing and I am embarrassed to be connected to it, by the signature from the “Board of Directors”.


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