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(Sorry for the delay. Am Express security flagged me with the charge.)
I arrived at the $2.5K figure for letting me go through mental duress in considering the legal cost in case of I am sued.
Looks like you did not get my last reply:
I asked if the perjurious statements in the Defendant's Answer could be used as damages. Could you respond to this?
The perjurious statements are made in the signed, notarized affidavit. Is that equivalent to the "pleadings"?
Another I mentioned in the 'not come through' reply was the fact that the threatened legal action was not made. Is that not a ground asking for damages?
The defendant wrote:
"Continually requesting these will be taken as harassment and we will pursue legal channels if necessary to make you stop. You will be responsible for any legal fees involved in this process."
"Your continued requesting of the same documents is wasting valuable time and resources in the association office. If you do not cease and desist these activities immediately you will be charged for the time you waste of the office staff and will also face the association placing workplace harassment injunction upon you. You will also be responsible for all court costs and attorney fees associated with these actions."
So making a threat by itself is ok, but what about not actually carrying out the threat?
In some states it is illegal to threaten legal action if no follow through is made.
It's considered undue duress.
Az is not one of the states?
"If they are violating ARS 33-1805 and you can prove it, then you have a great case...and their "cease and desist letters have no impact on you at all...but may serve to show the court that they are trying to thwart your attempts at justice."
The Defendant not only acknowledges it and then goes further impuning me for asking the documents:
In the Answer:
"Documents which either were not prepared and maintained in the past and/or have been lost or destroyed or simply cannot be found cannot be made available to Plaintiff or anyone else."
Plaintiff either does not or refuses to comprehend that Defendant's current board does not have much of what he asks for and that which it does have has been provided."
(Not all are provided. That's the perjury.)
I am in Mediation. How do I go about raising the issue in the Mediation's Disclosure statement?
"Then you can raise this with the court. If they are lying to the court in their response, the court can take them to task...and can impose sanctions, including criminal sanctions, for violating the courts order."
What's the above "courts order"?
Thanks for the help you provided. Greatly appreciate it. Do I get to rate you?
I got a message that another attorney is taking over(?) and will have request for information, but so far no communication.
Is this the end? Do I terminate the session with JustAnswer?
Are you allowed to be my lawyer?
If so, what does it take to engage you?
That's what I suspected.
Could we conclude our session by tidying up some loose ends?
To prove the damages, I will use the charges incurred when my water was shutoff ostensibly based on the board adopted water shutoff policy. To verify the policy was indeed adopted, I asked for the minutes. It is now clear there is no minutes, that is, there was not even board meetings because there are no record of meetings. My HOA total charges are I believe about $2500 for the water shutoff related issue.
The law about record keeping is ARS 10-11601 - Corporate Records.
The only loose point is how to handle the purjury issue. Should I make a "supplement" to the disclosure? Are you not allowed to give me hints on this point?
There is another purjury. My document request was made in my letter of "1/31/2012". Defendant (Manager) read "1/31/2012" as "January 12, 2012", and declared that January 12, 2012, letter could not be found, and use that as pretext launched into my document request in general. There are others! Should I enumerate all these in Supplement?
Could you recommend a lawyer I can engage for conference tomorrow?
"Less is more. Pick the major points they are lying or mistaken over...no need to "get into the weeds" if you can avoid it...if you have them on a few major points that they are lying? That is typically all you need."
I will bear that in mind.
Thanks for your hand-holding. Your input was a big load of relief.
Going to rate you tp conclude this. (If you have something to advise, please don't hesitate. <g>)
(Appreciate that you allow me to continue.)
"Less is more"
"If you have the cards...if you have them for violation of the ARS and lying to the court, then undersell, not oversell your case."
Many simple document requests are not complied with. For example, the request for (1) TEP statements for Mar and Aug of 2012, and (2) payments to Cox in Dec 2012 are not even responded to.
And then there is the request for the minutes when a board member was removed. The board meeting was not a regular, scheduled meeting, that is, unannounced, closed meeting. This is not complied with. The reason for my request is that a board member was removed "illegally". Our By-Laws allows the board to remove a board member if the member was absent from three (3) "consecutive" meetings. That board member was absent for two previous meetings, but then present at the third board meeting. Thus, the member could not be removed. But the member was removed and the minutes for the third board meeting -- posted on the Web site -- has "Absent" notation next to the member's name in the listing of board members -- to meet the three consecutive requirement. That "Absent" notation is doctored/forgery. In the body of the minutes, there are two references that the member was present at the meeting.
Should I bring up the 'illegal' board removal?
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