SLAPP and ROB

Allegedly, Attorney Michael Vial knowingly defended former and current presidents and members of the Country Club Condominiums Homeowners Association and former and current property management companies and employees against claims by former and present Owners of the financial fraud.

My complaint is being filed at the Department of Justice and again the FBI with the intent of starting a Federal Criminal Investigation into the continued fraudulent activity involving Mortgage fraud.

John Hatch who was the former HOA president and again current board member allegedly facilitated the financial fraud when he bought former president Bill Cook’s unit and was instantly appointed as president of the HOA by the board of directors at the time and Susan West of BPM management.

I was instrumental in Eric Houg being elected to the board in 2019 that caused John Hatch and most of the board to resign and attorney Michael Vial fired. Eric Houg and two other homeowners partially won a case alleging the financial fraud in 2018.

A copy of the DOJ complaint will follow after filed.

Allegedly property management companies and law firm are operating in multiple states that are consistently charging additional monthly dues at the closing of a Condominium sale.

My condo unit sold and closed on April 19, 2019. The property management company included May dues of $300 in the Resale Demand document.

The new owner, the Title company, the property management company and HOA board of directors will not return the $300 for May dues.

The property management company also charged extra months of monthly dues on two other units sold in 2021.

I was overcharged $1,500 at closing November 2010 when I bought the unit 28 foreclosure.

The HOA Homeowners Association Board Of Directors has already sued BPM property management December 5, 2019 for special assessment fraud and won, Washington County Case 19CV52494.

The president and members of the board resigned and the law firm Vial Fotheringham was fired in 2019.

In 2021, both the former president of the HOA and Vial Fotheringham returned to power and allegedly continued the financial fraud to this date.

I have lost $300,000 of my retirement defending myself in court from retaliation because I was instrumental in exposing the criminal financial activity since 2010 and had a board member arrested and convicted in 2014.

The Washington County Oregon civil judicial errors are appalling.

Perjury is what changes this case to a Federal criminal case from a civil matter.

Financial harassment and emotional distress allegedly are being used to intimidate those who sued the property management company.

Allegedly the property management company is harassing owners by sending incorrect late payment demands and charging $45 late payment fees.

In retaliation for this complaint, the property management company is allegedly destroying common area landscape property located next to particular units without cause.

It is time for a federal criminal case as the alleged criminally organized financial fraud continues across many states.

DATED January 8, 2018

THOMAS SCOTT BURNS, an individual resident of Oregon Plaintiff,

v.

COUNTRY CLUB CONDOMINIUM HOMEOWNERS’ ASSOCIATION, an Oregon non-profit corporation, Defendant.
Case No. 17CV46333

THIRD AMENDED COMPLAINT

Claim for Relief $160,000.00(Defamation, Abuse of Process, Intentional Infliction of Emotional Distress)

Filing fee: $560.00

Fee Authority: ORS 21.135 NOT SUBJECT TO MANDATORY ARBITRATION

JURY TRIAL REQUESTED
COMPLAINT

Plaintiff unit owner Thomas Scott Burns (“Burns”) hereby alleges as follows:

GENERAL ALLEGATIONS

1. Country Club Condominiums consists of 60 residential units, general common elements, and limited common elements created pursuant to the provisions of the Oregon Condominium Act, ORS Chapter 100, located in Washington County, Oregon.
2. Defendant is Country Club Homeowners Association (hereinafter “The Association”), an Oregon mutual-benefit nonprofit corporation governed by its Board of Directors who’s decisions and actions are that of the defendant.

3. Burns filed a small claims case 17SC41325 on September 21, 2017 that was served on September 25, 2017. The Association responded with a request for jury trial that moved the case to civil court. Burns thus filed a complaint on October 20, 2017. Burns had requested a jury trial in a previous action, but was denied while The Association wanted a bench trail. The reasoning behind The Association requesting a jury trial is illogical to Burns. The Association has imposed excessive financial burden by pursuing a SLAPP lawsuit before, Case C154640CV. This Strategic Lawsuit At Public Participation was meant to silence Burns, and violated Burns First Amendment rights, and the Speak Free Act of 2015.

4. Burns has been blocked from becoming a homeowner association board member and a member of the landscape committee since 2011 even though Burns had extensive experience as a professional landscape maintenance company owner, a tree and shrub pesticide and disease control technician and an employee of Home Depot in the gardening department. Burns had been self employed all his life until 1990 when Burns became an investment banker. Burns understands fiduciary responsibility and due diligence working in the financial services field. Burns later became a financial journalist on the internet in 1995 as ShieldsUp.com. Burns retired in 2014.

5. The Association has intentionally acted in an arbitrary, capricious, disparate and discriminatory manner violating Resolution 12 of The Association Bylaws.

6. The Association discriminatory retaliation against Burns is an abuse of discretion and power violating Resolution 12 of The Association Bylaws that states: WHEREAS, the Board is required to perform its fiduciary duty to the Association by implementing a special assessment or obtaining a loan when it is determined to be necessary or prudent. In the context of a condominium the term “fiduciary duty” broadly means the duty to act fairly and reasonably in all actions affecting condominium owners. Accordingly, associations and their directors cannot act in an arbitrary and capricious manner toward individual condominium owners nor can they single out certain owners for disparate or discriminatory treatment. The “fiduciary duty” also requires that associations and their directors must operate the business and financial affairs of the Association with ordinary care, skill and prudence.

7. The Association has intentionally acted illegally pursuant Article 1, section 20, of the Oregon Constitution that prohibits the granting of privileges to any class of citizens which are not available on the same terms equally to all citizens.

8. The Association knowingly breaching of its legal duty that is imposed by Oregon Constitutional law and duty arising from contract or quasi-contract has resulted in injury to Burns for which the law provides a civil right of action for damages and protective remedy.

9. The Association intentional deceit and negligent misrepresentation in communicating factual information has caused extensive economic losses and severe mental and emotional distress and injury to Burns.

10. By abusing its power and illegally and discriminatorily retaliating againstBurns, The Association intended to inflict severe mental or emotional distress on Burns and knew that distress was certain and substantially certain to result from The Association conduct.

11. The Association’s acts have in fact caused Burns to suffer severe mental and emotional distress such as stress, anxiety, dread, depression, nervousness, irritability, anger, rage, sorrow, grief and a profound sense of loss.

12. The Association’s acts consist of extraordinary transgressions of the bounds of socially tolerable conduct and exceed any reasonable limit of social toleration.

13. When The Association issued to all of the unit owners the written draft minutes of its September 16, 2014 meeting of its board of directors, The Association published false and defamatory statements about Burns.

14. The Association refused to correct or retract the statements when requested by Burns.

15. In so doing, The Association libeled Burns.

16. When The Association issued to all of the unit owners the written board memo September 28, 2017 from board of directors president Don Jones, The Association published false and defamatory statements about Burns

.17. The Association refused to correct or retract the statements when requested by Burns.

18. In so doing, The Association libeled Burns.

19. When The Association issued to all of the unit owners the written newsletter from former board of directors member and former president Bill Cook December 28, 2016 that was approved by then president Don Jones of the board of directors, The Association published bias and prejudice statements affecting Burns prior to the annual elections. The private USPS mailing was at the expense of the homeowners association and not non-board member Bill Cook.

20. In so doing, The Association used funds inappropriately for a personal benefit.

21. The Association, BPM Management and current president Don Jones continue to defame Burns by writing false information about legal proceedings with the intent to inflict severe mental and emotional harm to Burns.

22. Pursuant to Article IV, Section 23 of the Bylaws requires strict compliance by the unit owners with the provisions of the Declaration, Bylaws and rules, yet The Association, committee members and owners repeatedly violate these provisions.

23. Pursuant to ORS 100.480(9)(a) association records in general should be available to homeowners.

24. Pursuant to Bylaws Article VI, Section 7 and ORS 100.480(2) full detailed accounting should be available to homeowners.

25. Pursuant to ORS 65, ORS 100, ORS 100.480(9)(a), ORS 100.480(1), and ORS 100.210(5)(o) a unit owner may obtain owners list with addresses, telephone numbers and email upon written request. The Association denies access to an owners list intentionally to dominate communication and control advocacy.

26. Pursuant to ORS 100.420 telephone calls and email regarding The Association matters sent between and among directors are subject to the same open meeting requirements as in-person gatherings. Advanced notice must be given to homeowners about the meeting and a means must be provided for owners to electronically monitor an electronic meeting.

27. Pursuant to ORS 65.354(3), and ORS 100.420 committees are subject to the same rules of transparency that apply to the board of directors, governing meetings, action without meetings, notice and waiver of notice, and quorum and voting requirements. The Association restricts and controls communications with prejudice to deter any advocacy. Burns has experienced great harm and suffering as a result of the lack of communication and transparency without prejudice.

28. The Association, BPM Management and former president Carol Gearin continued to defame Burns by writing false information about legal proceedings with the intent to inflict severe mental and emotional distress of grief, loss, sorrow, depression, stress, anxiety, heartbreak to Burns.

29. The Association and BPM Management intentional publishing of malicious emails and mailings of memos and newsletters with knowledge that it was false and with reckless disregard of whether it was false or not, had defamed Burns primarily for the purpose of harming Burns.

30. The Association actionable negligence, contributory negligence and the assumption of risk has harmed Burns.

31. The Association and BPM Management publications were made with knowledge that they were false and with reckless disregard of whether they were false or not.

32. The Association and BPM Management made statements knowing they were false or with reckless disregard as to their falsity. Burns injury of reputation has caused Burns to suffer socially in the community and professionally because of The Association and BPM Management intentionally malicious misinformation.

33. The Association and BPM Management continued harassment of Burns by not providing services equally without prejudice as other unit owners is illegal pursuant [4] ORS 30.260(8), unconstitutional pursuant Article I, Section 20 of the Oregon Constitution, and violates Resolution 12 of The Association Bylaws. Burns has experienced great harm and suffering as a result.

34. The Association adoption of rules and regulations designed to punish Burns in pursuance of a personal vendetta against him on the part of individual members of The Association is illegal pursuant [4] ORS 30.260(8), unconstitutional pursuant Article I, Section 20 of the Oregon Constitution, and violates Resolution 12 of The Association Bylaws. Burns has experienced great harm and suffering as a result.

35. The Association and BPM Management has singled out Burns for special treatment and has retaliated against Burns alone.

36. On October 23, 2015, The Association consisted of Chair Carol Gearin representing unit 50 owner Dick’s Ltd, Bill Cook, Barbara Madsen, Mary Washkoske and Darrel Rebmann. Carol Gearin representing Dick’s Ltd, a Richard Delphia company, later resigned and moved away the next summer in 2016 after Dick’s Ltd sold unit 50. Mary Washkoske has resigned and moved away September 2017 after selling unit 36. Bill Cook resigned leaving Barbara Madsen and Darrel Rebmann on the board of directors. Burns has suffered from grief, loss, anger, sadness and depression because of the conduct of these members of The Association and the conduct of BPM Management.

37. The Association and BPM Management have colluded to oppress and intentionally inflict maliciously great pain and suffering to Burns. As recent as October 20, 2017, Burns has been waiting since September 5, 2017 for the balcony railing of unit 28 to be painted after having been pressure washed. The contractor skipped painting the Burns balcony railing on September 13, 2017 and painted the balcony of the former board member Mary Washkoske at another building. On October 3, 2017, BPM Management emailed Burns declaring the contractor had completed their contracted work. This was in response to an email Burns had sent showing the railing still not painted. This act and many other acts are intentionally done to inflict great inconvenience, pain and suffering to Burns by The Association and BPM Management.

38. The Association and BPM Management have corrupted voting procedure by double mailing ballots in 2017 and 2018 and encouraging owners to use the proxy vote before candidates are announced. This manipulation gives BPM Management excessive control and harms candidates by favoring incumbent majority board members. All incumbent majority board members were appointed by proxy vote.

39. The Association and Burns attempted to mediate with the assistance of the Hon. Jacob Tanzer prior to the filing of a previous action. This mediation satisfied any pre-litigation alternative dispute resolution requirement contained in ORS Chapter 100.

FIRST CLAIM FOR RELIEF

(Defamation)

40. Burns re-alleges paragraphs 1-39 and incorporates them by reference herein.

41. The Association’s retaliation against Burns’ alone is an abuse of discretion andpower and is therefore illegal, unconstitutional and violates of The Association Bylaws.

42. When The Association issued to all of the unit owners the written board memo September 28, 2017 from board of directors president Don Jones, The Association published false and defamatory statements about Burns.

43. The Association refused to correct or retract the statements when requested by Burns.

44. In so doing, The Association libeled Burns.

45. The Association, BPM Management and board of directors presidents have continued to defame Burns by knowingly writing false information about legal proceedings with the intent to inflict severe mental and emotional distress.

46. The Association’s libel of Burns has caused him to suffer economic andnoneconomic damages to his reputation in the community and professionally. 

SECOND CLAIM FOR RELIEF

(INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS)

47. Burns re-alleges paragraph 1-46 and incorporates them by reference herein.

48. The Association abused its power and illegally and discriminatorily retaliated against Burns intending to inflict severe mental and emotional distress on Burns. Burns has suffered severe mental and emotional distress. As a result of The Association’ intentional infliction of emotional distress on Burns, Burns sought professional mental and medical help for symptoms of anxiety, stress and depression on April 2014 and continues to pursue relief from the same symptoms.

Punitive Damages

49. Plaintiff reserves the right to move to amend this Complaint to allege punitive damages pursuant to ORS 31.725.

Prayer For Relief

WHEREFORE, Plaintiff prays for judgement against The Association as follows:1. On Plaintiffs’ First Claim for Relief, damages against The Association for defamation in the approximate amount of $10,000 with the exact amount to be determined at trial;

2. On Plaintiffs’ Second Claim for Relief from Intentional Infliction Of EmotionalDistress, damages against The Association resulting from abuse of its power andillegally and discriminatorily retaliated against Burns intending to inflict severe mental and emotional distress on Burns. Burns has suffered severe mental and emotional distress. As a result of The Association’ intentional infliction of emotional distress on Burns, Burns has suffered damages in the approximate amount of $75,000.00 in economic damages and $75,000.00 in noneconomic damages with the exact amount to be determined at trial;

3. Plaintiffs’ reasonable attorneys fees pursuant to Bylaws Article XIV, ORS 100.470, and ORS 28.100;

4. For its cost and disbursements incurred herein; and

5. Such other relief as the Court seems just and equitable.

DATED January 8, 2018._______________________________

THOMAS SCOTT BURNS, Pro Se

5180 NW Neakahnie AvenuePortland, Oregon 97229

Telephone: 503-729-8889

Email: BeingThereInTheGarden@gmail.com

CERTIFICATE OF COMPLIANCE WITH COMPLAINT LENGTH AND TYPE SIZE REQUIREMENTS Complaint LengthI certify that this complaint complies with the word-count limitation of ORAP 5.05(2)(b)(ii) and that the word count of this complaint (as described in ORAP 5.05(2)(a)) is 2,631 words.Type sizeI certify that the size of the type in this petition is not smaller than 14 point for both the text of the complaint and footnotes as required by ORAP 5.05(4)(f) 

DATED January 8, 2018._______________________________

THOMAS SCOTT BURNS, Pro Se

5180 NW Neakahnie AvenuePortland, Oregon 97229

Telephone: 503-729-8889

Email: BeingThereInTheGarden@gmail.com

CERTIFICATE OF FILING On January 8, 2018, I filed the original of this motion in person a true copy of the same via the Court’s mailing address:Washington County Circuit Court Washington County Courthouse 150 North 1st Avenue MS37Hillsboro, OR 97124

DATED January 8 2018 _______________________________

THOMAS SCOTT BURNS, Pro Se

5180 NW Neakahnie AvenuePortland, Oregon 97229

Telephone: 503-729-8889

Email: BeingThereInTheGarden@gmail.com

CERTIFICATE OF SERVICEI hereby certify that I served the foregoing document on each party whose name appears below, on the date indicated below, by mailing to him by U.S. mail a true copy thereof in a sealed envelope, postage prepaid, addressed as follows:Country Club Condominiums C/O Michael J. Vial, Esq.Vial Fotheringham LLP17355 SW Boones Ferry Road, Suite ALake Oswego, OR 97035

DATED January 8, 2018.________________________________

THOMAS SCOTT BURNS, Pro Se

This is another update regarding the conspiracy that has been happening at Country Club Condominiums since 2009. Those below have been proven to have conspired to commit financial fraud. Litigation continues alleging foreclosure fraud, fiduciary breach of duty, extortion, negligence and IIED against the property management company BPM Management, two accounting firms, the law firm Vial Fotheringham LLP and the board of directors of the homeowners association.

These are the Washington County Oregon cases involving Country Club Condominiums Homeowners Association:

17CV43911 trial 7 5 2018 blocked by Summary Judgement 17CV46333 trial 7 5 2018 blocked by Summary Judgement 17CV53584 trial 7 31 2018 blocked by Partial Summary Judgement C154640CV blocked by Summary Judgement

VF-Law.com Vial Fotheringham LLP headquarters is in Lake Oswego, Oregon. The

subsidiaries are in 4 other states:

Northwest HOA Law Center
17355 SW Boones Ferry Road, Suite A, Lake Oswego, OR 97035

BPM Management is a multi state property management company certified by the Community Association Managers International Certification Board CAMICB. A complaint has been filed alleging manager Susan Camarda-West coerced to commit financial fraud. The local address of BPM is 1800 SW 1st Avenue, Suite One Portland Oregon 97201.

The persons who have served as presidents of the homeowners association board of directors since 2010, resigned and all have sold their units still owing assessment interest are:

Don Jones with no forwarding address who sold and moved February 2018 owing $5,155.

William M Cook of Cook and Associates LLC 503 645 5763 and living at 91998 Lewis & Clark Rd, Astoria, OR 97103 in Clatsop County. He also sold in May 2018 owing $5,151.

Carol Gearin of Dick’s LTD that is a Mr. Richard L. Delphia company sold owing $328.15. Dick's Ltd. is an Oregon Domestic Business Corporation filed on January 22, 1992 . The company's filing status is listed as Active and its File Number is 278992-85.

Don Jones was president of the Homeowners Association prior to 2011 and again in 2016 until January 2018. He also has resigned and sold his unit leaving the current homeowners with a financial deficiency of $200,000. The current board of directors are suggested to file a claim against BPM Management and the two accounting firms involved so as to be compensated for the loss instead of forcing an assessment on the

deceived new and remaining homeowners. John Hatch who is the current board president has decided to have an assessment instead. The criminals are escaping.

This is organized crime, the perfect legitimate business and should be prosecuted under RICO. All legal remedy has and is being attempted at a huge expense. I have lost $170,000 in legal expense leaving me in poverty with $70,000 of debt. These cases are a perfect example of SLAPP law, Strategic Lawsuit Against Public Participation. All exhibits filed provide any evidence needed to pursue criminal action. The Washington County Sheriff Department and Judicial system has been deficient and politically suspect of prejudice in the past.

I currently plan to file a case in federal court claiming I was illegally collected a construction assessment of $16,670 violating foreclosure law pursuant 2017 ORS 100.475 and the DECLARATION OF UNIT OWNERSHIP, (24) MORTGAGEES. More than $1,500 was paid by HUD prior to closing that was not subtracted from the original assessment amount of $16,670 that I was forced to pay while buying the foreclosed property.

I NEED HELP FROM THE FBI after the failure of every other means possible short of the FBI! I have been informing the FBI and survived 9 years of this form of RICO terrorism at the age of 67 next March.

Actual filing

When I purchased a HUD foreclosure in 2010, the property management company and board of directors of the Country Club Homeowners Association illegally collected a construction assessment of $16,670 violating foreclosure law pursuant 2017 ORS 100.475 and the DECLARATION OF UNIT OWNERSHIP, (24) MORTGAGEES. More than $1,500 was paid by HUD prior to closing that was not subtracted from the original assessment of $18,670 which would have lowered the balance to $15,170 at closing. I was forced to pay the full $16,670 and paid it off May 2015. Now the HOA board of directors and BPM Management Company tried to collect $3,678 of interest from me. The previous two presidents of the board, Don Jones and William Cook, sold their units February and May of 2018 owing approximately $5,150 each in interest.

This is RICO organized crime and I have lost $170,000 in legal fees fighting them and the HOA is $200,000 in debt causing another assessment to be inflicted on the current owners. There is insurance with American Family, but the the current board president John Hatch of Hatch Homes Group 503-789-1247 will not file a claim. He has hired a Vial Fotheringham LLP alumni attorney instead. Michael Vial of Vial Fotheringham has represented the board of directors and BPM Management since 2009 and has a huge conflict of interest. The firm has used SLAPP, Strategic Lawsuit Against Public Participation, to cause undue expense to fight the conspiracy between supposed legitimate business. All my over 500 claim exhibits for my Washington County Cases 17CV43911 and 17CV46333 were blocked by Summary Judgement 10 days before a Jury Trial. I have been robbed.
I NEED HELP FROM THE FBI after the failure of every other means possible short of the FBI. I have been informing the FBI and survived for 9 years of this form of RICO Terrorism at the age of 67 in March. I lost

Cook and Associates LLC 503-645-5763, Bill was deputy commissioner of the Port Authority under now Felon X- Commissioner Peter Gearin and X-Husband of Carol Gearin.
Former HOA board president Carol Gearin and on the board of unit owner Dick's LTD that is a Mr. Richard L. Delphia company that sold their unit in 2016 still owing $328.15 of interest. Dick's LTD filing status is listed as Active and its File Number is 278992-85. The Homeowners Association is approximately $200,000 in debt with unfunded interest debt and an assessment is pending on the current owners instead of successful legal action against these persons and Susan West of BPM Management Company located at 1800 S 1st Avenue, Suite One, Portland, Oregon 97201, 503-334-2198.

There was another $200,000 of unknown expense from the 2009 Construction Assessment that was never documented nor explained sufficiently by Susan West of BPM Management nor board president Will M Cook.
Contract fraud by the vendors has persisted under the mismanagement of BPM and the board involving Charter Construction and the 4 landscape maintenance companies since 2010 that has amounted to ten of thousands of dollars each year.
William Cook, Carol Gearin and Susan West of BPM Management extorted thousands of dollars from me as false $250 vendor interference fines and SLAPP (Strategic Legal Against Public Participation) legal fees.

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