Circle C Neighbors

Attn:
Jim O'Reilly
Steve Bartlett
Ken Rigsbee
Susan Hoover
Terri Giles

Last week I received a Notice of Demand for Payment and Intent to Place Assessment Lien against my property from the Association. Is this your farewell present to me?

2001-$57.70
2002-$89.96
2003-$268.59

The above amounts are the dues which I refused to pay for the following reason:

1) overcharged association fees
2) neglect of the common area at Edwardson Cove

In the past three years I have inquired numerous times about the overcharging of association fees. I have contacted the Board and the Bookkeeper, Terri Giles and have not received a satisfactory explanation. In the past several years, I have also requested the Association to landscape the common area at Edwardson Cove which was supposed to be done in the late 1994, but it has been ignored to this day.

When I examined the CCHOA's financial documents earlier last year, I was shocked to discover that all of you have been grossly abusing your power and fraudulently funneling the Association's fund out of the Association account in many creative ways in order to benefit yourselves and the Developer, Gary Bradley.

For almost a year I have systemically exposed your wrongdoings to the homeowners for their awareness and also reported them to the authorities to seek justice. In return, you retaliate by putting a wrongful lien on my property right before the change of a new management team. I would not let you do that without a good fight, and therefore, I have decided to seek justice by filing lawsuits against all of you in the Travis County Justice Court individually with five separate lawsuits.


LAWSUIT #1 Giles & Shea, Inc.

Terri Giles has provided part-time bookkeeping services to the CCHOA, but grossly overcharged as a full service property management company. I have copies of three years' annual contracts signed by Terri Giles and Steve Bartlett. I will hire an accountant as a witness in the trial to decipher the description of the so-called ''Accounting Services'' item by item to the jury and let the jury to determine whether the services provided by Terri Giles are worth more than a full-time accountant.

Terri has fraudulently charged service fees on vacant lots.

Terri has knowingly and intentionally collaborated with the BOD in overcharging the association fees by deception.

Terri has used association's fund to pay the Developer, Gary Bradley's utility bills and property taxes for all these years.

(To be con't)

A Farewell Present (con't)


LAWSUIT #2 Susan Hoover

Susan Hoover has fraudulently charged the Association $55 per hour fees for the Board's voluntary services and for the services of handling Developer's business. The money was funneled through Castle Management Realty Services, Full Circle Management and Alien, Inc.

I will obtain at least two landscaping companies' bids on the identical landscape at Circle C to see how much Susan has grossly overcharged the Association for the last three years. I will sue Susan for the overcharges.

LAWSUIT #3 Ken Rigsbee

Mr. Rigsbee:
You should know what items I am going to sue you for. Do you remember all those questions I had asked you but you never bothered to reply? This time I will ask you the same questions face to face in front of the jury. I believe you won't be able to play mute anymore.


LAWSUIT #4 Steve Bartlett

Mr. Bartlett:
You are the mastermind of the whole con game. You should know what kind of items I am going to sue you for. There is a possibility that I would sue both you and Ken Rigsbee in the same lawsuit since many items are related. I want to use this lawsuit to gain access to the books of Alien, Inc., Phoenix Holdings, Ltd., Castle Realty Management Services, Full Circle Management, etc. I am certain that most of the incriminating evidence is hiding in those books. Only a forensic audit of those books can truly reveal how the board members benefiting individually from the association fund.

I won't sue you for tax evasions. I will let Uncle Sam take care of that.


LAWSUIT #5 James O'Reilly

Mr. O'Reilly:
You have intentionally ignored the common area at Edwardson Cove for almost ten, long years. According to the Declaration of Covenants, Conditions and Restrictions for Circle C Ranch Subdivision, Article III, Section 2, the assessments levied by the Association shall be used exclusively for the purpose of promoting the comfort, health, safety,
and welfare of the owners of the properties?…?…?…?…?…?…?…..

What comfort is that to be stuck with a piece of messy, weedy, raw land for almost ten years?!

How safe was that to live under a big, dead tree with flying debris for about two years?! (This dead tree was removed by the City of Austin after the annexation.)

Do you remember your ZAPCO speech? I still have copies of the letters, e-mails, photos I had sent you for all these years. I will sue you for mental anguish and I will also consult a lawyer to see what else I can sue you for.

I want to emphasize that I would not let you put a wrongful lien on my property without a good fight. If I win my cases, I hope other homeowners would follow suit. I believe that there is a possibility this could eventually lead to a full blown class action lawsuit against all of you.

Lisa Sun

Response from Ken Rigsbee


The lien has been placed. You have no case or cases, whatesoever.

I'm sorry for you.

Ken Rigsbee

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If this is the case, I will definitely see all of you in the court. Don?’t feel sorry for me; you should feel sorry for yourself and your buddies.

I now feel free to sue you guys because I know you people cannot use our hard-earned money to pay for your defense any more. I will make you guys to cough up all the stolen money plus more, a lot more.

Lisa

Not fair

Anyone who has not paid their dues is not being fair to the rest of us who do pay their dues, on time and in full. Everyone doesn't like something about everyday decisions and operations of something like Circle C. If we all didn't pay our dues this great neighborhood would fall apart. And if the ''overcharging'' is the age old complaint about which market value should be used, we have all been paying using the same methodology. If they had used another lower methodology, we would have all just had to pay a higher rate to get the same income stream. Ultimately it makes no difference. So just be fair to the rest of us, pay up, and release the lein.