A RIGHT TO BE HEARD

      The HOA Board and I agreed in our May 19, 2006 settlement letter agreement that "...within five business days of the filing of the contemplated Mutual Dismissal, the HOA would direct Heritage Property Management Services to mail the following notice to the members of the HOA (the notice will contain no other commentary or text, other than the date and the names and addresses of the members of the HOA):

High Gables Homeowners Association, Inc. and Larry Oldham have agreed to resolve their differences on mutually agreeable terms, dismissing their claims against each other, with prejudice, and with each side paying their own expenses and attorney's fees. Oldham has agreed to pay the HOA a fine of $212.50 and to install a mailbox that he orders from Peachtree Post & Box Company. The other agreements of the parties are as specified in a letter agreement dated May 19, 2006 entered into between the parties, a copy of which is maintained in the records of the HOA."

        I filed our Mutual Dismissal on July 13, 2006.  The HOA Board sent all members of the HOA (although I still have not gotten mine in the mail as of the posting of this page) a special meeting notice where the HOA Board intends to talk about the settlement in violation of our agreement and also wants get the HOA members to agree to pay a special assessment of $100.00 each to pay for the litigation that, according to the HOA's own discovery responses, was instituted as a result of the complaints of only one resident of the neighborhood, Patrick Bryant (see the pleadings link, where the HOA, in its April 14, 2006 response to my Interrogatory No. 36, indicates that Mr. Bryant is the only neighbor who complained, either verbally or in writing).  While this blatant disregard of a contractual obligation is another example of why this HOA Board should be removed, I am happy to waive the HOA's and individual Board members' breach of the settlement agreement and to discuss whatever topics they want to discuss at the special meeting.  Moreover, since we did agree to answer questions about the Action from anyone interested at the next annual meeting of the HOA, it is certainly within the spirit of our agreement to answer questions posed by the HOA members at the special meeting, and I will be happy to do so.

        In its notice of the special meeting on July 25, 2006, the HOA says that it hopes I will attend the meeting and answer questions, and I am looking forward to doing just that.  I welcome the opportunity at the special meeting to elaborate on the things I have had to say about this matter throughout these web pages and trust that the HOA Board is committed to giving me a fair opportunity to be heard.  I am also looking forward to the feedback from my neighbors, good or bad.  The only thing I ask of each of you before coming to the meeting is that you inform yourselves by looking over the information that is readily available to you on these web pages.  The better educated you are about the facts, the better the meeting will go.

High Gables Main

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