CMI Ledger Errors

Mother’s Day trauma 4 Cherie by communitymgt.com. The 12/22/2022 statement showed $379.88 due 1/1/2023 & paid 12/23/2022. Balance 3/29 $67.52 erroneous fees removed & $360 added 4/2? Confirmed dues paid, yet dues of $447.20 5/14? #HOA #fraud #CAI #DOJ

ClickPay Confirms all paid before due date, never late for 29 years. This is allegedly extortion, embezzlement, racketeering, fraud, retaliation, gross negligence, traumatizing behavior with intent to harm by the property management company and puppet #HOA.

Keeping 3 years of payment records allegedly may have surprised communitymgt.com & #HOA x-president John Hatch who was proven in civil court of financial fraud with the attorney Michael Vial ESQ by Cherie & 2 other owners. They are back in power.

The #HOA is allegedly controlled by the corrupt property management company & legal counsel keeping owners unable to communicate by withholding names of owners, emails, phone numbers & addresses including keeping the clubhouse locked so never voice concerns.

Add defamation, slander and libel. All the board of directors of the Homeowners Association continue to allegedly commit intentional violations of civility withholding owners the ability to speak at meetings & restricting forum comments to 3 minutes. #HOA

From CMI 3/10/2023

Dear Cherie Crawford,

This was erroneous and removed 5/20/21.

Re:

The CMI ledger shows a suspicious transaction 05-12-2021 LGL regarding VF LLP for $6,250. Maybe a forensic audit is needed.

Sincerely,CMI Accounts ReceivableCommunity Management, Inc. on behalf of Country Club Condominium Homeowners' Association

At the last Country Club Condominiums Homeowners Association meeting, Denise Bower claimed that Cherie was the only owner to have any trouble paying the HOA dues. Actually, the problem is Communitymgt.com not acknowledging the confirmations on the CMI website of all arch payments being paid on time. Then many other owners at the meeting also said they had problems with CMI accounting errors. Denise asked Cherie to bring up any more of her issue privately. CMI and the board has been insulting, unprofessional, in violation of basic accounting principles, continues to privately ignore Cherie and minimize open scrutiny by non-board members.

According to Eric Houg: Allegedly, the Board openly voted to not comply with our settlement agreement to finish collecting special assessments. Dave Quinn lied when he said he was not on the board in 2020. Dave failed to mention that Eric gave him all of Eric’s accounting for the second time at his request on November 3, 2022. The first time was in October 2020. Dave also received the records of all the payments that Blue Mountain collected from the owners. There is no excuse for the board to claim they don't have the info to collect the special assessments.

According to Eric Houg: Allegedly, John Hatch mentioned "Eric's lawsuit", admitting he had signed the settlement agreement and said The Lawyer recommended against collecting.  What lawyer?  By claiming “because our lawyer said so”, the Board waives its attorney-client privilege. They cannot continue hiding the legal basis of their argument. The Oregon Supreme Court has emphasized that attorney-client privilege does not protect information that can be described independently of attorney-client communications.

John Hatch got a bid from Hughes Electrical Contractors to upgrade the electrical power to the garages for 5150. This plan is outrageous. Spending tens of thousands of dollars so that the community has to pay for EV charging power expenses of individual owners.This is thievery. Especially when again, we all face a financial crisis similar to 2008 that could wipe out current valuations and force foreclosures again. Note that CMI collects 10% of any contract over a certain amount. Conflict of interest everywhere, costing everyone, at any time.

It is time to freeze spending and maximize efficiencies. Unit 15 and others are using our electricity for their own use at our expense. Violations of two cars out with garages filled with storage are a violation and should pay the CCC HOA rent for the use at a rate similar to public storage at $250 a month.

John Hatch was appointed by PROXY as board president by Susan West of BPM property management after buying the former president Bill Cook unit thereby helping Bill avoid $9,901.77 of interest debt and the remainder of his special assessments.

John Hatch did not pay any of the special assessment, nor the interest.

Former board president Don Jones of unit 18 sold and did not pay the remainder of his special assessment, nor the $4,308.17 of interest.

Having John Hatch back on the board is a huge conflict of interest by settling the BPM lawsuit and a lack of due diligence. He is running the HOA BOD without the title of president as Mary continues in that position.

NO PROXY VOTING

I believe communication is paramount, transparency is critical, experience is priceless, integrity is crucial, respectful fair equality and compassionate understanding of diversity plus kindness makes a positive loving and effective community.

Cherie Crawford has lived here in unit 8 for 29 years and has participated at the board meetings and on the landscape committee many times. She helped pay for the accounting audit against BPM. John Hatch and the rest of the corrupt board at the time along with the attorney Michael Vial of Vial Fotheringham LLP. resigned in shame as Eric Houg and a new board reorganized the homeowners association and finances.

Vote Cherie Crawford onto the Board

Thank you for your effort,

Tom for Cherie Crawford on BOD

sqguru@slappandrob.com

SLAPPandROB.com

John Hatch john@hatchhomes.com wrote on 8/4/19 3:43 PM:

He has decided that we should repay Tom Burns and another the special assessment that they have paid.

I don't base my decisions on "Depends... who are we talking about?"  In fact, I emailed my same conclusion to the "another" guy back in November 2018.  My conclusion then and now is that new owners don't owe the old special assessment, based on our Declaration of Unit Ownership, Section(24)  MORTGAGEES, and ORS 100.475

     (2) Where the purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage or trust deed, such purchaser, the successors and assigns of the purchaser, shall not be liable for any of the assessments against such unit or its owner which became due prior to the acquisition of title to such unit by such purchaser Wow, that sucks, if we want to collect the special assessment from the purchaser of a foreclosure.  Game over.

This would be a significant hit to the HOA Yes, two special assessment refunds work out to about $555 per owner.  The cost of losing a lawsuit on the same issue would probably double our cost to $1,110 per owner.  Remember, Vial Fotheringham doesn't get paid to win cases.  They get paid by getting us into a lawsuits, win or lose. I believe that Eric would want to do a special assessment to cover the costs. I believe that we should raise regular HOA dues to cover our expenses. The HOA has been unable to handle special assessments.  Another special assessment if implemented near future would likely come as home prices decline. The homeowners underwater in their mortgages would again abandon their homes to foreclosure.  That is what caused the lingering problem we have now.

This is something that previous board members have decided NOT to do after getting advice from the management company and our attorney.

John and I argued this privately where I asked John to produce any evidence of what advice past boards got, particularly in 2009-2010.  John provided nothing.  Community Association Partners (CAP) provided nothing.  BPM HOA Management provided nothing.  AMS has provided no legal advice regarding who should pay these old special assessments.  Plus their contract specifically denies that they can be relied on for legal advice.  Vial Fotheringham, https://web.archive.org/web/20170411020913/https://www.yelp.com/biz/vial-fotheringham-lake-oswego , has been inconsistent in their arguments about who is liable for special assessments.  In a word, legal malpractice.  If it is easier to collect it from the original owner as of Sept. 1, 2009, then Vial will call it what is was, a special assessment, assessed and owed by that owner.  The Vial Fotheringham run foreclosure sale of 5150 #48 in March 2014, owned by Peter Ho was an example of that.  They extracted the full special assessment principal.  However, if it is more convenient to collect from the second owner after Sept, 1, 2009, then Vial Fotheringham will argue the opposite, that the special assessment wasn't a special assessment, it was a serial assessment, which is only assessed and owed a little bit each month.  If that were true, then John would be on the hook for the monthly special assessments that would be assessed March 2015 and after.

Although Eric probably knows the law better than most it is outrageous that he would proceed to entertain spending our money without getting expert advice and guidance. Fortunately, I did get expert advice, copied in the email below.

It is as if he wants to help Burns more than the home owners that he was elected to represent and protect.

I don't want to give my money away, and I have argued against Tom on his additional demands such as for his attorney fees.

I am also concerned that he is proposing to bend/change rules and conduct business in an unprofessional manner without the help of a management body to advise and help us.

I am concerned that you are posting ignorant rumors. 

I may be worrying unnecessarily but I will not be able to attend the next board meeting and I want as many make sure that as many people as possible are aware enough to hold the board accountable.

Agreed.

A letter from Linda Herbert,

former Country Club Condos homeowner - November 2004 to January 2015, Board of Directors - October 2011 to June 2014,

Treasurer - February 2012 to June 2014,

and Landscape Committee too.

I felt it is important that I share some of my observations being a board member and an owner at CCC for 10 years. This is meant to be helpful. I was honored to be a board member (a very unlikely one). I took it very seriously. I really felt I could make a difference.

I was very concerned about the interfund loan and talked to Bill Cook about it numerous times. When I asked to get receipts, he said there was going to be a full audit on the years that money was spent. I just thought okay that issue was going to be resolved. You may wonder why now to bring this to light and not while I was on the board. There was nothing I could do on the board. I read the financials and basically held a chair, a place. My frustration became more than I was willing to take, and that I realized I had no voice and that Bill Cook had started telling me how and who I would vote for at the board meetings. Bill Cook told me that CCC attorneys had said that all of the board members needed to all vote the same.....we had to be united. He would tell me to do things, then not remember that he had told me, and then call me and tell me that I had crossed a line that I should not have. When I resigned, I felt Bill Cook should have also. Bill Cook stopped asking for a vote, he just said NO to suggestions.

I quit the board and sold my unit because of the power the current board has. I saw much discrimination of owner occupied as opposed to rental units. I was told twice in two years with two different renters, to evict.....I did. I got many notices about my renters smoking, yet Darrell’s smoking area under the stairs of 5190 was there for 8 months (that I personally know of) and I called BPM and complained about it. I saw a fire hazard if he fell asleep.....it just went on deaf ears! Enforcement of the rules should be uniform with everyone treated the same......if not it leaves the community open for a lawsuit.

BPM......I always thought that they are the best, and still do, however one of my biggest complaints with them was that you could make a complaint and they may or may not get back to you to tell you that they have taken care of the problems, sometimes that could be 2 months or more. Case in point.......Darrel’s smoking area. I resigned June 2014. I am still getting copies of ALL of the bank statements........Darrel are you getting the copies so you can reconcile the bank accounts?

When I first started on the board I had reason to suspect that our landscaper JSL was overcharging us and asked for the invoices. I had no problem getting them. The end result was that I was right. Jon Sorenson admitted to me that he had become complacent with the lack of oversight of their work. I made Bill aware of the problem because it was hundreds of dollars. Bill didn’t feel it was that big of a problem but I did so I set up a plan with JSL to give back in service and materials to make up for it. When we got the order from Bill to not have any contact with vendors or phone calling BPM (unless it was an emergency), I was not able to keep track of services billed by JSL and found out a year later that JSL was not doing as promised, but I could do nothing about it. I go back to Bill’s newsletter October 2012 when he wrote "If we continue to be frugal and seek the best values in outside services and repairs we will remain in good shape financially." JSL wanted more money. Here's Bill’s quote to higher prices and I quote “So what's $7000 higher? Big deal.” Got to love that one.

I go back and read Bill Cook’s forum message to the board June 2009. Here is what he said ”Unless one is able to attend a board meeting, and not everyone can, more detail of the minutes and the input up to this point is needed for the owners to fully understand not only the process, but the line of questioning that has taken place thus far. I am sure they will both agree this is prudent to maintain transparency on this critical path” When I left the board I would read the minutes on the clubhouse and I realized that they told me very little. I knew the things that were being talked about at board level (behind closed doors) and no mention of the items in the minutes. Bill’s treating the community the very same way that he asked the board in June of 2009 not to treat us.

I was very much against the no taping rule. Bill put constant pressure on me to vote with the rest of the board. At the annual meeting, as we were waiting for the voting results, we were told the vote on taping was a tie and that one person had abstained. Bill sat by me and kept asking who would do such a stupid thing. Later that night he asked if I was the one that had abstained and I said yes. In the end I did vote with the rest of the board. I thought it was ridiculous that so much time was being spent on the issue! I have always felt that if we had taping it would give those that could not attend a more accurate account of what was said. It would hold everyone more accountable. The issue of having the public comment after the board meeting also leaves homeowners that are not able to come to the board meetings pretty much out in the dark as to what other homeowners are talking about. It’s a huge disservice that 5 people in charge are preventing the rest of the community from knowing what’s going on. I realize that you don’t want a gripe fest but there is very little information in the formal minutes.

Here's a really good one folks I have much respect for Carol Gearin but this is what I find absurd is to say one thing and do another. I have read the minutes from the board of Sunset Empire Transportation. Carol, it is the exact opposite of what you had to say on the CCC board. I was really shocked to read that knowing how much time and energy and the frustration I went through over that, not wanting to vote with the board on that issue. So Carol you may want an opportunity to answer this question how exactly do you feel? Was that just abuse of power because you thought you could, or what's the real truth? Maybe I should just say congratulations, Carol, you finally came to your senses. Start taping. That's the only way the community’s going to get it straight, the real story, and keep the board’s feet to the fire.

Bill was setting up a meeting so we could all get together and talk because he felt that we were talking to one another too much! Around March April 2014 he wanted us to meet at Camp 18. He said he knew for a fact that the previous board occasionally had off site meetings, so we can too. I said okay if that will make us a better board. The more that questionable things happened, the more I thought this can’t be right. It became overwhelming. I didn't talk to Lazette or Darrel except at the meetings more than once or twice in a year, Carol every once in a while. Bill seemed to be constantly making accusations that were unfounded.

The night before the March 2014 board meeting Bill called me to tell me to vote for Charter Construction. He said I didn't need to read the contract because our building committee does that. At the meeting I did not vote as I was told. I voted for the lowest bidder. Bill called me later that day and was very upset with me. He sounded like a bully and a dictator. Bill said Summit Reconstruction, the company that got the bid, could not schedule for several weeks, but they were there the very next day.

At the board meeting in May of 2014 (Bill was in attendance) I asked for ONE meeting in July so off site owners could maybe stop by and join us as maybe they were on vacation. Bill just said no, without a vote. He said it just would not work. Two weeks later he called me and accused me of setting him up in front of Cherie “to make him look bad.” That day he was behaving like a bully and a dictator.

In the beginning I had a lot of respect for Bill We all got a lot of work done. It seemed as though after his surgery things went downhill very quickly! Bill is a master of manipulation. I am not an accountant but as an entrepreneur I can see that CCC has some financial issues that are not being addressed. Learn from history. Look at Eric’s data. I agree with him. I tried to call that to Bill’s attention but he had all the answers. I was concerned about the special assessment. I didn’t think interest was being charged to the homeowners. I think it bears looking into. I think the HOA fees are too low.

The use of the club house and the sauna is at best ridiculous. I have in the past asked if we might consider key cards so that we could use what belonged to us. Carol said that would not work....no vote, no real discussion! Now Bill, there is a very frugal way to keep costs down! Also suggested we get some sort of surveillance at the entry where the dumpsters are. That also fell on the same deaf ears! In Dec. of 2014 a person was caught coming on site with 1 large garbage can and a microwave oven and putting it in our dumpster. CCC pays for extra garbage!

I made a promise to Elaine Miller and to Jim Bensel, both my very good friends! All I wanted was an honest board and to do things for the entire community.....that is not being done. I had to sell and leave to expose Bill Cook and how the board was being run. I am speaking for no one else. I feel I have done the right thing. All of you ask questions, get involved! It is your home!

Best regards to you all I LOVED being on the board until Bill turned dictator. Thank you for your trust! Warm Regards, Linda Herbert