Huntington Village Board Agrees to Homeowners Demands After Wasting Thousands in Legal Fees


Palma Sales   Judge Martha Hill Jamison   Johnny M. Johnson

http://www.huntingtonvillage.org
October 16, 2002

"We Didn't Get everything we wanted", sighed HV Homeowner Palma Sales after an 11th hour settlement with Chubb Attorney Marc Markel on behalf of Huntington Village Community Association in Southwest Houston. "...But they finally agreed with us on all the principle issues"  

After years of arguing ratification, CAI Attorney Marc Markel and HV Board President Lee Meister acknowledged that Johnson and Sales were liable only for the HVCA Annual assessment as actually recorded in the Harris County Real Property Records; $96 per year.    ¨(Note: This answer in 1999 would have saved all parties concerned years of arguing and nearly $100,000 in needless legal fees) 

The Provisions and Terms of the Settlement Include:

·         $96 Cap on the Annual Assessment unless the Deed Restrictions are properly amended.

·         $25,100.00 Settlement to Johnson & Sales

·         Immediate release of all Liens 

·         Written Confirmation that Johnson and Sales have always been members in good standing 

·         Complete access to the Huntington Village Association's Books and Records as outlined in the HVCA Deed Restrictions.   (NOT the BYLAWS which are Subordinate to the Deed Restrictions)

The lawsuit, Johnson & Sales vs. Huntington Village Community Association has been ongoing since 1999 and was scheduled for a Houston Jury Trial to begin the next morning.

"This issue was never about $48", explained Homeowner Johnny Johnson. "This has been a Principle Based Issue from Day One. The HV Board did it the wrong way and today it caught up with them. I only hope it makes them think the next time. Our Board needs to learn to think first before they continue to pay for the same bad legal advice from the same lawyer that keeps putting them in these situations over and over." 

http://www.huntingtonvillage.org 

Legal Fees:      (Approx.)

  • HVCA Insurance Deduction                                         $  1,000
  • HVCA Lawsuit Against 5 Candidates                              5,000
  • HVCA Legal Fees on Behalf of CBS                               5,000
  • HVCA Misc. Fees Associated with Suit                           5,000
  • Chubb Insurance Cost to Provide Legal Defense          50,000
  • Chubb Insurance Settlement to Johnson/Sales              25,100

Complications 

·        HVCA D&O Insurance Cancelled                $  2,500/year     CANCELLED By Chubb
Deductible was:     $1,000 per event    

·        Replacement D&O Insurance Found              19,700/year      REPLACEMENT
Deductible now:     $10,000 per event 

 

View "Steve Solcich Speaks Out" 

 

HVCA ANNUAL MEETING

WHAT QUESTIONS SHOULD WE BE ASKING?
http://www.huntingtonvillage.org


While we move towards a new year, many things will change, but for HVCA, much will remain the same. We will for the most part retain our Board of Directors in a re-election campaign that most in our community were unaware of. We will continue to hear how we as a community are in the throws of  “financial difficulties”. These comments and statements echoing their need for your money are even included in the Bios of three of the four directors who will be re-appointed tonight.

When you hear comments that are related to financial difficulties in Huntington Village, they are very true. HVCA is indeed in Financial Difficulty, but not for the reasons you will hear. 

·        A long time office secretary was recently terminated for unauthorized “whistle-blowing” on the spending habits of the board. Our Directors are spending it more and enjoying it less.  Ask Why

 ·        The bid process that was established for our Association
        Purchasing is not being used.  Ask Why 

·        We are spending an average of over $2100 each month for an attorney who also collects money from those in the community who may have broken any one or more of a laundry list of community deed restriction no-no’s. Ask Why 

·        When remnants of our board were forced to compete with other candidates and asked to answer questions, that board cried foul and even voted to file suit on all five competing candidates with your money. They lost their lawsuit and your money on that one too, but it did let others know who was in control. The directors in the '99 election ran off with the ballot box when it appeared they were losing, but who was watching?  

Some would say they didn't win the election fairly but were, in the final analysis, appointed to the board. They were also now able to easily convince others that there is a real and expensive legal price to pay if anyone attempts to take their Rightful Appointed Seats on the Board in this community. Today there are only appointments to your Board of Directors pretending to be elections.      For More.....
See for yourself and Ask Why

·        Our Deed Restrictions contain the method for any member of HV to unfettered and total access to the Books and Records. The board has spent money to have our association Bylaws altered to restrict access to those same books and records even when our board knows that if there is ever a conflict between the Deed Restrictions and the Bylaws that the Deed Restrictions shall always prevail. If the Deed Restrictions will always prevail in a conflict, why would our Board spend your money to alter only the Bylaws?  Ask Why

·         Our Association just finished settling a third 1999 lawsuit. This settlement with Johnson & Sales included $25,100, capping the annual assessment to $96, release of the property liens and everything that could have been easily settled without a lawsuit but at a huge cost to HV.  Ask Why  
(don’t accept the “Sorry, Attorney/Client Privilege” answer from the board. It’s Public & YOU paid the bill!)

·        In years past, it was common practice to offer the community a look at the candidates running for the board.  Today we see no “Candidate Forums”
Ask Why

·        Are you aware that the HV Newsletter offers space for only those who agree with the views of the Board?  No Opposing Views Allowed?  Ask Why 

·        In 1969 when Huntington Village was developed, Alief was not part of Houston and had no Police Force for HV protection. Huntington Village homeowners did not yet pay Houston property taxes and were forced to hire and pay for private trash pickup, street lights and security. After the Alief annexation by Houston, HV still paid for trash pickup, streetlights and expensive security, but it was now paid through our increased Houston property taxes as opposed to our annual assessment. Houston Police Department was now our Security Firm. Today, the HPD Westside Command Station is minutes away, crime is down and we are still paying for our very expensive HPD Security via our increased property taxes. There are those among us who believe we should also be paying for another expensive outside Private Security firm.
Ask Why

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