31 DAYS

I have a lot to do today out there in public.

DEQ emission control test for Cherie’s MX5.

Do the early Saturday morning weekly grocery shopping at Winco

and pay Cherie’s property tax with a MoneyGram.

Already paid February 1st HOA dues.

The HOA has killed me.

It should have been 12 years of wonder.

I expected a community of artisans,

musicians, painters, writers, gardeners.

I was told by Kitty that I was dillussianal.

Turned out Cherie and me were the artists.

Economics was my art.

Gardening was my hobby.

Surely they all are not like Tony Anderson.

Most were such dysfunctional creatures,

narcissistic psyhcopaths full of hate of anything.

Financial fraudsters, political criminals, liars, demons.

Such pain having everything destroyed around me,

especially after a few years of rehabilitating so much in need.

Nurturing the ill to health,

exposing the fraud,

journalling the harm inflicted,

reporting the crimes to authorities,

getting nowhere after trying everything.

After surviving the HOA I had to survive Trump

doing the same thing as Bill Cook.

Dictators with only their self interest,

egomaniacs destroying everything for personal gain.

My golden years tarnished,

after such a beautiful life of normal strife.

I die in furious anger against evil,

letting others deal with it.

I dream of being in heaven with my loved ones,

feeling tempered as Jesus

knowing better how he suffered.

Love over anguishing disappointment.

Trying to do the right thing righteously. 

4 26 2021

Conflicted John Hatch still influencing the board while the HOA Case 19CV52494 continues where they may be collaborating in the defense of BPM property management. He is influencing President Mary and former board member Ryan Burch influencing current board member Fernanda with the self-interested vexatious litigator Michael Vial, all in the spirit of allegedly narcissistic pathological liar sociopath Barbara Madsen.

Michael Vial created the 2008 construction contact and fraudulent special assessment while having a conflict of interest with a contractor. Then defending the board presidents and members along with the property management company’s. A perfect case of unethical legal malpractice and more. He needs to recuse himself and the firm.

John Hatch quote:

“Remember, Vial Fotheringham doesn't get paid to win cases. They get paid by getting us into lawsuits, win or lose.”

Realtor John Hatch 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.

and 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.

John Hatch

Abuses can originate from virtually every part of the legal system. Litigants, attorneys, law enforcement and judiciary can abuse the system, sometimes accidentally but more often intentionally. Legal abuse can also be systemic, such as when the principles, processes, and consequences of law itself encourage and enable individuals to legally harm others.  Legal abuse refers to unfair or improper legal action initiated with selfish or malicious intentions. Abuse can originate from nearly any part of the legal system, including frivolous and vexatious litigants, abuses by law enforcement, incompetent, careless or corrupt attorneys and misconduct from the judiciary itself. Legal abuse is responsible not only for injustice, but also harm to physical, psychological and societal health.  Abusive litigants Main articles: Vexatious litigation, Frivolous litigation, Strategic lawsuit against public participation, and Frameup Abusive litigants in civil cases are most often classified as vexatious litigation, frivolous litigation, or both. A vexatious litigant seeks to harass or subdue an adversary. A frivolous litigant starts or carries on actions that have little or no merit and are very unlikely to be won. Litigants of this sort are often unable to find representation willing to accommodate them and thus must represent themselves in propria persona. There can often be considerable overlap between these two types of abuse. One case in point is the strategic lawsuit against public participation (SLAPP), which is a lawsuit intended to censor, intimidate and silence critics by fear, intimidation and burdening them with the cost of a legal defense until they abandon their criticism or opposition. In some cases, criminals may seek to deter witnesses from pursuing restitution through the criminal justice system, or act in vengeance to those who have. Such actions are self-evidently vexatious, but are typically frivolous as well in that the plaintiff does not expect, or even intend, to win. Litigants can abuse the system in criminal ways as well. Some of the forms of criminal legal system abuse are jury tampering, the practice of directing enticements or threats to jurors in order to influence their deliberations, and falsification of evidence, which refers to any of a variety of ways evidence is improperly manipulated. One particular case of falsifying evidence is the frameup, a chiefly American term for the manufacture or manipulation of evidence for the purpose of indicating the guilt of an innocent party. One variation of this is when a criminal intimidates a witness by calling the child abuse hotline with a false report of child abuse or neglect against the witness. Law enforcement abuse Main article: Police misconduct There are a plethora of ways that police, law enforcement, and Child Protective Services investigators can undermine the rights of citizens. Sometimes such abuses are unintentional, brought about by circumstance, imperfect understanding of some subtlety of law, or other kinds of good-faith mistakes. In other cases rights are abused deliberately, due to prejudice, self-interest, vigilantism, impaired value judgment, conflicts of interest or corruption. Such police misconduct can take many forms, among them false arrest, harassment, police brutality, falsification of evidence, coercion and in rare cases, torture and false imprisonment. Abusive advocates Main article: Attorney misconduct Lawyers, paralegals and other professionals involved in legal advocacy can abuse the system in a number of ways. In some cases, representation may be well-intended but nonetheless incompetent. In others, lawyers engage in misconduct in an effort to gain unfair advantage for their clients or in pursuit of some self-interest. Abusive judiciary Main article: Judicial misconduct Abuse from the bench can arise from various causes, including incompetence, conflicts of interest, bias or prejudice, judicial misconduct and corruption. 

Thank you Wikipedia!

http://web.archive.org/web/20000309150436/www.shieldsup.com/yield.htm