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.
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.
Looks like being a member of the board might provide some fringe benefits. Is this legal?
ReplyDeleteI am hopeing that once we get the audit back there might be something in there to show how the old board members got away with so much? Funny how no matter what we (the home owners)produce according to our own by laws and HOA deed restrictions the old board members and Marshall Managment can't be moved.
ReplyDeleteOnly 8 more months till the next election then maybe we can get them out but I think so they have ways of filling the ballot boxes in their favor.
Remember - over 160 home owners signed a petition calling for a "Special Meeting" of the membership to vote on the removal of four board members and also to remove Holoway Jones as the attorney for the Association.
ReplyDeleteNow it's up to the board (led by a President in default on his assessments) to call the meeting and notify the membership as required in the By-Laws of the Association.
The petition was prepared in a valid and lawful manner. Wonder what will happen?
Mr. Jones attended an FC homeowners meeting the other night and engaged IMO in baiting of one of the more outspoken homeowners in that community. Several attending mentioned this to the targeted audience member. It is hard to believe this is an elected official in Sugar Land that engages in such scurrilous actions. More need to know about this and other law firms that engage in such activity.
ReplyDelete