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Sunday, August 14, 2016

THE WEDGEFIELD EXAMINER REPUBLISHES A ARTICLE CONTAINING ACTUAL COPIES OF THE VERY DOCUMENT - REFEREE SETTLEMENTS THAT LEGAL/COMPLIANCE CHAIR, VICE PRESIDENT GARRISON WOULDN'T TALK ABOUT AT THE CANAL LOT OWNERS MEETING. IN EITHER CASE, NOTE THE SIGNATURE & TITLE OF THE SIGNOR, WHETHER FORGED, OR LEGAL ??????, NEVER A JUDGE, BUT A SETTLEMENT BY A REFEREE

This article was originally posted on the blog on March 14, 2016. You'll note that legal/compliance chair/vice president, Garrison didn't want to talk about these documents at the 2015 annual meeting, and it was said, that he didn't want to talk about them when asked, at the recent canal lot owners meeting.  Yet, he was willing to use the word judge, as though he had a ruling.  I print this article again because I hope that you will begin to see how shifty not only Garrison (but he has been the driver of this train for years), but what every member on this board has helped cover up.  4 members on that board - John Walton, Adam Anderson, Larry McMillin, and Keith Johnson have an additional layer of responsibility, because it appears that to find a way, any way, they are willing to participate in cover ups, damaging to our overall governance, and governing documents, to get the canals dredged. I want the canals dredged, but not at the expense of long term damage to portions of our governing documents, that may be needed to bring the properties of this association to the standard that we once had.  I don't know what the answer is to the golf course , but I believe we should be discussing it.  The answer to solving how to assess to fix future solutions, golf course lots, canal lots, etc., may lie in INDIVIDUAL ASSESSMENT.  IT IS ON THE BOOKS NOW, AND NO COURT, NO JUDGE, HAS EVER SAID THAT IT IS WRONG.  All that Garrison, and this crew has to offer is 2 forged documents (Garrison claims they weren't signed by referee Beverly) which allow and justify (BY A SETTLEMENT REFEREE) individual assessment, and a second settlement a year and a half later by the same SETTLEMENT REFEREE, that won't justify it.

I want the canals dredged, but not under the guidance of these board people, who are ramming more than suspicious governance down our throats, and about to call the move precedence, in the future.  On a recent call, one canal lot owner told me that some canal lot owners felt that if the depth of water was restored behind some of the homes devastated to a higher degree than others, that their property values would be restored.  I don't believe that.  Go back to the real estate ads that I have presented to you whether golf course, or canal lots, and read.  Ride into Wedgefield, and to the point where canal homes begin, if you drive through back yards over grown - golf course, past homes & lots with too many trailers, over grown lots, tractor in the vacant lot covered with a tarp, and overgrown tennis courts, etc., why would anyone want to buy your home just because it has water behind it?  We have too many problems, and they all show themselves when you drive through Wedgefield.  Individual assessment has rested in our by-laws since they were written, and it may be the answer to resolving some of our decay, don't allow the canal dredging, or this crew to remove something that may help us all work together to solve future problems, fairly, and legally.  We all have some level of responsibility - to some financial degree, to solve not only the canal problem, but the golf course problem.

The canal lot owners do not have to be pushed into this illegal position due to time constraints on the permit.   I'd suggest that they petition to extend the time frame of the permit, and force Garrison, and crew to start talking from the board table, and clean house of these kind of board members, by filling the four board slots available for vote this fall with individuals that will work to do the right thing.



Readers, this article has taken more than a little mind engineering to determine how to present the documents, history, and relate the problems presented.  If you are a regular follower, you will know much of the history.  Prior to the November 2015 WPA Annual Meeting, I had visited the WPA office, and reviewed the documents relating to the litigation brought by the WPA, against the last two residents who had contested/failed to pay the canal dredging assessments.  For the most part, the board had been silent from the board table regarding the cases, and at least three WPA attorneys of record had been hired - fired, and one was disbarred.  At some points, when questioned by one lone board member, Legal Chair Garrison, and Treasurer DeMarchi, throw out terms such as JUDGE, RULINGS, LIKE A JUDGE, etc., in regard to what these papers represent, and the professional - REFEREE (as noted on the papers - not judge), who signed, the SETTLEMENT - not ruling.  Additionally, what reluctantly comes out from Legal Chair Garrison, is that the first two documents presented were FORGED - Garrison claims, not signed by Referee Beverly.  It should be noted that I asked Garrison about the documents during the November 2015 Annual Meeting, and the first words out of his mouth were "I don't want to talk about it."  He never used the word "forged", he said the papers dated June 2013, were not signed by Referee Beverly, and he didn't know who signed them.  What is important, is that your board RELIED on them, and collected according to the settlement on ONE of the resident defendants, and 1 1/2 years later, went back to Referee Beverly for a SECOND vastly different settlement on the second resident defendant.  Your board NEVER opened this mess up to the membership from the board table in all this time.

What I missed during my examination of the records, prior to the 2015 WPA Annual Meeting, was that there were TWO FORGED RECORDS OF SETTLEMENT IN 2013, one for each of the resident litigations.  Each of the residents had the same SETTLEMENT as it related to the justification of the INDIVIDUAL ASSESSMENT - the $5,000 assessed to every canal lot owner.  The legal justification is IDENTICAL in each of the documents.  Yet, your board only collects, according to the terms of these identical settlements, signed on the very same day, on ONE of the residents.  By your boards' actions - collecting on one, if you are kind, you believe that they thought in the moment, that the documents were legitimate,  that thought is removed, when they fail to collect on the second, don't discuss, or investigate what took place, and hire Beverly A YEAR AND A HALF LATER, to change the opinion on Individual Assessment, and determine by written opinion that it wasn't a legal assessment, and the resident doesn't have to pay it!  Referee Beverly is dead.  We can't ask him about the documents, but some one should be asking your board, our local solicitor, our current attorney, and state entities, how FORGED documents entered this litigation, were applied to one resident, and we got to the place of a new SETTLEMENT for the second CONCERNED CITIZEN resident, with the legal opinion that our CONCERNED CITIZEN Legal Chair always wanted.  This is a huge legal pile of garbage, and someone should start getting to the bottom of it, because our Legal Chair has begun to give this forged cover up regarding Individual Assessment, his blessing, by calling it a RULING (not - tainted, forged SETTLEMENT), as he moves his personal canal dredging agenda forward.

I've left the resident names out of the documents.  I've provided you with the front pages, signature pages of each of the 2013 FORGED documents.  I've provided the language for the justification of Individual Assessment ONCE to save space, but the language is identical in both.  These records are on file in the WPA office, and you can verify that for yourself.  I've protected the names of the residents involved.  I call them the 2nd to last resident standing, and the last resident standing.  

THE LAST RESIDENT STANDING.  THIS RECORD INCLUDES THE JUSTIFICATION OF THE $5,000 ASSESSMENT.









THE 2ND TO THE LAST RESIDENT STANDING.  THIS DOCUMENT CONTAINED THE EXACT LANGUAGE FOR JUSTIFICATION OF THE $5,000 ASSESSMENT PROVIDED ABOVE, BUT IS NOT DUPLICATED HERE IN ORDER TO SAVE SPACE.  THIS IS THE RESIDENT THAT YOUR BOARD COLLECTED THE $5,000 INDIVIDUAL ASSESSMENT FROM - THEY RELIED ON THE CLAIMED TO BE FORGED DOCUMENT.




THIS IS THE SETTLEMENT PREPARED BY REFEREE BEVERLY ONE AND A HALF YEARS LATER, AT OUR EXPENSE, FOR THE LAST MAN STANDING, IT TOTALLY TAKES AWAY INDIVIDUAL ASSESSMENT



THE WEDGEFIELD EXAMINER WILL ADD TO THIS ARTICLE LATER.  I WANTED TO GET THE DOCUMENTS UP ON THE BLOG, AND MY SCHEDULE IS BUSY.  STAY TUNED.