ALL YOU NEED TO KNOW - PART DEUX

        Let's say you have a short attention span and have already read All You Need to Know.  Now let's say that you want to know what happened has happened over the past several months after everybody continued wasting their time and money, but you do not have the time or inclination to check out My Favorite Links.  This page is just for you.
 
        In a nutshell, here is what has happened to date since the date that I posted the "All You Need to Know" web page:  (i) Oldham raises the issue that the HOA Board may be invalid; (ii) parties provide each other with discovery requests and responses; (iii) Oldham answers discovery fully, fairly and completely (see for yourself in the pleadings page); (iv) the Judge sets matter for bench trial before the HOA's discovery responses are even due to Oldham; (v) Oldham files a jury demand because he wants to be heard on the merits by a jury of his peers and in order to allow the completion of discovery and postpone a trial of the matter until the parties have had a full and fair opportunity to see what evidence the other side intends to present against them (the HOA's counsel feigns surprise that the bench trial has been reset and later informs the HOA members that the HOA was ready to proceed and that Oldham pulled something at the last minute to delay the trial); (vi) Oldham confirms postponement of the bench trial and express his willingness to proceed just as soon as the HOA provides complete and adequate discovery responses, with Oldham giving the HOA additional time to respond as requested by its counsel; (vii) Oldhams review the HOA's discovery responses and indicates to counsel that HOA's discovery responses are legally inadequate and evasive (go to the pleadings page and decide for yourself); (viii) it is mid-April, and Oldham receives nothing in the discovery responses from the HOA that undermines his "invalidity of the HOA Board" argument that he first raised in February and he begins to press those issues with HOA's counsel; (ix) Oldham has a right to file an action to enjoin the HOA from further action against him and before exercising same, offers the HOA another opportunity to settle the litigation on essentially the same terms as he proposed in December of 2005, although one of his conditions is that the problem with the invalidity of the HOA Board has to be fixed by calling a special meeting where the required quorum of the HOA members duly elects a Board to represent the HOA (this condition allows the present members of the Board the right to re-run for their positions if they so desire); (x) Oldham's only reason for making the offer at this point in the proceedings is that while the Judge is authorized to award him his fees and expenses, the Judge is not required to do so and Oldham believes that the Judge will not do so because the Judge finds this dispute to be as nonsensical as Oldham does; (xi) the HOA rejects Oldham's settlement proposal and Oldham asks if the individual HOA Board members will agree to be added as parties to the Action in their individual capacities or, in the alternative, if they would like to acknowledge service of a complaint he will be filing against them individually and consolidating with the Action; (xii) after a discussion with the HOA's counsel, Oldham allows the HOA to accept his previously offered (and rejected) settlement terms; (xiii) during the course of his settlement discussions with the HOA's counsel, Oldham learns that the HOA Board does not necessarily want to have a special meeting as proposed by Oldham, saving the $750.00 it allegedly costs to rent the Chattahoochee Elementary School cafeteria and postponing a question and answer session about the litigation until the next annual meeting; (xiv) Oldham and the HOA's counsel resolve this matter on mutually agreeable terms and Oldham sends counsel a letter dated May 19, 2006 that confirms all of the terms and conditions of the settlement; (xv) the HOA attempts to renege on certain material terms of the settlement and Oldham indicates he will not allow same to take place, letting the HOA know that its options are either to sign the settlement letter agreement as previously agreed and provide him with the back-up documentation confirming the outcome of the voting by written consent, or to file a motion with the Judge to enforce whatever the HOA believes the settlement agreement to be; (xvi) Oldham warns the HOA's counsel in no uncertain terms that if the HOA elects to file a motion to enforce the settlement agreement and does not prevail, it will be "Katie bar the door" and he will pursue the HOA and the individual HOA Board members as relentlessly and ferociously as is authorized by law; (xvii) faced with Oldham's ultimatum, the HOA finally honors its obligations and the Action is settled on terms agreed to by the parties and set forth in the May 19 settlement letter agreement; (xviii) Oldham sends an admittedly scathing letter to the individual HOA Board members suggesting that they resign and call a special meeting to elect a new HOA Board and letting them know that if they do not do so, his firm will represent members of the HOA in a derivative proceeding against them at no charge if there is a group of members interested in pursuing the matter; (xix) the individual HOA Board members decline to resign and instead call a special meeting hoping to implement a $100.00 per member special assessment to pay for the litigation against Oldham and to discuss the Oldham litigation; (xx) Oldham welcomes the opportunity to attend the meeting and looks forward to meeting the four HOA Board members who he has never met face to face; (xxi) the general population of High Gables in outraged and ousts the Board, installing a group of leaders who will do what is in the best interests of the HOA as a whole (while this has not happened yet, Oldham dreams that it might).

 

 

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