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Saturday, May 15, 2010

SOMETHING WRONG HERE

Meadowcreek Association and Holoway Jones has an agreement that makes Holoway Jones the exclusive agent for the collection of outstanding claims for annual assessments and special assessments owed by homeowners. The agreement requires the Attorney to take such actions as may be reasonably necessary as to each claim, up to and including executing on properties. Marshall Management has allowed certain homeowners that have requested access to the agreement to view same.

In 2009, Holoway Jones filed thirteen (13) lawsuits on behalf of the Meadowcreek Association. Seven (7) of these were for $198.00 plus Attorneys fees of $3000 each. In other words, seven single family homeowners were sued for $198 plus costs plus $3000 in Attorneys fees. Six of these were filed on 6-11-2009. A lousy $198 debt suddenly becomes a debt of thousands of dollars!

Now it starts to get interesting. Note that many of the suits were filed early in the year. A recent report from the accounting firm titled Aged Owner Balances as of Apr. 26, 2010 showed Terry & Emily Strickland of 3003 Beecave Drive to owe $2229.37, with $1036.37 owed from 2009. You might remember this being brought up in a recent meeting, with Mr. Strickland indicating that the amount due had been recently paid. While other records (Cash Receipt Deposits) do indicate a payment of $1000, they do not reflect total payment.

Now let us go back to the agreement with the Attorney – Why, if Mr. Strickland was in fact over $1000 in arrears for 2009, was he not sued along with thirteen other residents? Was he treated differently?

You might also remember the tirade of Mr. Eugene Placke regarding Mr. Philiposes position on the board when he was also in arrears. Why did Mr. Placke not include Mr. Strickland in his open letter to the membership? In fact, why did Mr. Placke not object to Mr. Strickland being named President of the Board when he was in such a position? Mr. Plackes statement as a sitting board member and subsequent documentation effectively made the position of a board member that was in arrears a matter of public record. The entire letter was read to the members attending the February meeting of the Board.

Each reader must reach his or her own conclusion to the above. Comments, as always are welcomed. The actual lawsuits can be viewed on the Fort Bend County Clerks website at: http://ccweb.co.fort-bend.tx.us/

The cases referred to above are numbered as follows:

09-DCV-171642, 09-DCV-172557, 09-DCV-172558, 09-DCV-172626, 09-DCV-172627, 09-DCV-172631, 09-DCV-172634, 09-DCV-172635, 09-DCV-172638, 09-DCV-172639, 09-DCV-176662, 09-DCV-176663 and 09-DCV-176694. These cases are also a matter of public record. Other documentation can be requested from the accounting firm or Marshall Management.