By Karen Daigle Lundberg, April 27, 2020
HSVPOA v. PCBS- Another HSVPOA lawsuit
There have been many posts on private Facebook groups and other social media sites. Not surprisingly, the pot is being stirred by the same small group of people who believe they know the facts, however, they are posting inaccurate information. It is time to expose the CEO regarding another lawsuit against HSV that she has attempted to hide.
For those who would like to review the court records, I direct you to Docket No. 63CV-19-292, in the court records of Saline County, a Complaint titled, Hot Springs Village Property Owners’ Association v PCBS, L.L.C., filed on March 25, 2019. For those of you who cannot pull up the court record, in a second article, you will find my summarization of the case which has been going on since March 25, 2019. This case was filed by one of the many POA’s former attorneys, Alex Gray, who was terminated from representation and on September 23, 2019, Christopher McNulty replaced Alex Gray.
As you read about this case, I think you will understand why the CEO has kept this lawsuit “hidden,” however, it is relevant to HSV POA business and property owners. Our new Board of Directors has a mess to clean up which was caused by former BOD’s, the current CEO and several law firms employed by HSV POA. This is an appropriate time to request from the CEO an explanation of this lawsuit and the total amount of funds paid out to date for this lawsuit.
Engaging Rose Law Firm is Wise Decison
The Board of Directors engaging Rose Law Firm is a wise decision. Having several different law firms can be cumbersome and at times detrimental to handling legal issues for HSV POA. The Rose Law Firm is highly regarded in the State of Arkansas with many talented attorneys in multiple specialties.
Current Board Acts with Transparency
The current Board of Directors has acted with transparency and been diligent to not break any rules of confidentiality. During the BOD meeting on April 20, 2020 the BOD made every effort to be transparent and at the same time making certain confidentiality was maintained. It is reasonable to give the new Board of Directors the time to perform their fiduciary responsibilities to HSV property owners. There are legalities that cannot be disclosed which is not the fault of the BOD – this causes the process to move slower at times. We must trust that the Board of Directors will disclose all information regarding HSV POA when it is legally possible. I have complete confidence and trust in the Board of Directors and ask that my fellow HSV property owners allow them the time to perform their duties.
Now is the time to support our Board Directors
Now is the time to support the Board of Directors in their work to make Hot Springs Village the shining star that it once was.
By Karen Daigle Lundberg, April 27, 2020
Click here to read Part 2 – HSVPOA v. PCBS
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Lynda Narug
04/27/2020 — 3:21 pm
PCBS has only 1 employee, is in Arizona and seems to be involved in land sales. Are they connected to the land sales operation about 20 yrs ago? They flew people here for sales pitches, but the deals fell thru and last I heard they went bankrupt. Please correct me if wrong, but its been years since we heard about that deal.
Karen Daigle Lundberg
04/28/2020 — 12:11 am
Linda Narug – Unfortunately, there is a lot about your question that I can’t answer. I do not and did not research what happened 10 years ago. I have heard the stories, but due to the fact that this lawsuit was filed on March 25, 2019, that is where I picked up. Joe and Cheryl Dowden and myself spent a great deal of time in the interest of transparency for me to summarize the case, and attach all of the pleadings so everyone would see the proof. Tom Blakeman is correct when he states that this all is very confusing, and I will add that that is the reason the attorneys get paid the big bucks. The point of bringing this lawsuit to light was to, once again, bring to the property owners’ attention another lawsuit that our little “ceo” was hiding from us. If you read the documents carefully, you will see a terrible lack of competence on the part of both our little “ceo,” one Director (POA employee), and the attorneys hired. The bottom line in all of this is we are still paying attorneys’ fees on a case that needs to be shuttered and never heard from again, but instead our assessment dollars are still being spent on this lawsuit, which, by the way, I noticed after I wrote my Article, that HSVPOA was, indeed, requested to pay PCBS’ attorneys’ fees.
Walter
04/27/2020 — 4:08 pm
The Rose Law firm has a lot of discovery to do. But this was probably the wisest decision done by the new board. I appreciate the new board direction.
Tom Blakeman
04/27/2020 — 4:21 pm
Reading Karen’s chronicle of the actions and lawsuits it becomes clear that the whole mess is/was very confusing. Thanks much to Karen for bird dogging this to ground.
While I’m not going to try and fully understand exactly what happened, it is also seems clear that we have had people running our show and spending our money who had not a clue as to what they were doing.
So, let’s see now. We have a former accountant, not a CPA, who has no real estate experience, not to mention no experience running a city or a $36 million organization, in charge. Then we have a former title company employee, not a lawyer, doing the day to day work. Wouldn’t you think one of them might have known better?
This also apparently goes back 10 or 15 years. And all along the way we had Boards of Directors, the vast majority of which also had no real estate experience and probably no legal experience blessing everything. Oh yes, and they hired the ones noted above.
One has to wonder how may other mistakes have been made and problems created over the last 5 or 10 years? No doubt the gate lawsuit is one.
Good luck to our new Board. You have a lot to fix.
Karen Daigle Lundberg
04/28/2020 — 12:17 am
Thank you for the compliment, Tom Blakeman, and you are most welcome. Give me a shovel, and I will dig. LOL You are completely right on when you state that this is a confusing issue, but you got the point. The security gates debacle was brought to light, and now this one. It was brought out to present, with proof, the incompetence level that we have been paying our assessment dollars to, and having to fight for our rights for everything. This lawsuit was a boondoggle from the very beginning. It would really be nice to know how much was spent on this case. Will we ever know????
Minn Daly
04/27/2020 — 4:42 pm
My thanks to Karen, agree totally with Tom Blakeman on his analysis. we need a forensic audit to see what & where all monies went especially attorneys fees, & all other major cost that were paid out. There are a number of cases on Saline court docs to look at. Our NEW BOD will need support because this will take some time to complete. They are on the trail now with selection of ROSE LAW FIRM representing HSV BOD. These guys took on a mess to untangle, wishing them luck, patience & support from all members. Minn Daly
Karen Daigle Lundberg
04/28/2020 — 12:20 am
You are very welcome, Minn Daly, and thank you. You and I must meet some day. I have a very high respect for you, and your input. Thank you again.
Melinda Alvord
04/27/2020 — 5:29 pm
I’m confused. Has the Rose Law Firm been engaged to advise/represent the BOD or the POA? There’s a difference. This lawsuit was initiated by the HSV Property Owners Association, not the Board of Directors. A law firm hired to advise the Board wouldn’t be dealing with lawsuits brought by the POA.
Tom Blakeman
04/27/2020 — 5:49 pm
My understanding is that the Board hired Rose as the only POA attorney for all matters. That would include reporting to them directly on all matters rather than letting the little “ceo” run wild with whatever she wants to do After all they are supposed to run the POA and she is a hired hand – despite her ridiculous contract.
I hope I’m not wrong on this.
Karen Daigle Lundberg
04/28/2020 — 12:24 am
Tom Blakeman – B-I-N-G-O!!! 🙂
HSVP J
04/27/2020 — 7:19 pm
This is in the policy guide. Article 18, section 2:
SECTION 2: LITIGATION
1. Delinquent Assessments – All legal action necessary to pursue the collection of
assessments is to be administered by the CEO under the provisions of applicable federal and state law, the Declaration, Bylaws and policies.
2. Enforcement of Declaration and Governance Policies -Any legal action required to pursue the enforcement of the protective covenants, Bylaws, and policies of the POA must receive the prior approval of the Board of Directors. Enforcement of Operational Policies shall be administered by the CEO.
3. Personnel – All legal action related to personnel under the CEO’s authority shall be pursued by the CEO, in coordination with the HR Director and an Employment Law attorney. Legal matters relating to the CEO’s employment are pursued by the Board of Directors.
4. Damages – All legal action necessary to pursue the collection of damages is to be administered by the CEO under the provisions of applicable federal and state law and within the spending authorities stated in Article 19.
I imagine the Board could pass a resolution that Rose Law Firm be the sole legal representative for HSVPOA. Just my opinion.
Karen Daigle Lundberg
04/28/2020 — 12:26 am
TRUE!!
Karen Daigle Lundberg
04/28/2020 — 12:22 am
Melinda Alvord, with all due respect, you missed the point of this Article by so far that I cannot even clear it up for you. My suggestion to you would be to ask one or all of the Board members the questions you are asking here.
Jeanette Sherman
04/28/2020 — 10:14 am
It is very suspicious why the new Board doesn’t disclose all aspects of their contract with the Rose Law firm. They supported a Lawsuit against our POA demanding the ability to make available to all Members information regarding any contracts they engaged in. I know nothing about this particular Suit but will research it. However, it has nothing to do with our need to know what is in the contract with the Rose Law firm. I had noticed a very curious question by Dick Garrison at the Board orientation about just who the law firm was representing. He was told by the lawyer they represented the POA. Is this still the case?
Karen Daigle Lundberg
04/28/2020 — 12:59 pm
Deflecting much, Jeanette Sherman. LOL Sorry, sweetie, but so many of us are very aware of all of your tactics of trying to change the subject. The purpose of this article was to prove the incompetence we have been dealing with….nothing more, nothing less. As far as what the Board is responsible to tell us, do you think you could possibly just sit and spin for a little while and give them more than 2 weeks to accomplish everything. Now that we have people we can trust on our Board, you don’t like it much. I get it. As I said, sit and spin for awhile. LOL
Tim Holter
04/28/2020 — 8:50 pm
Jeanette posted “It is very suspicious why the new Board doesn’t disclose all aspects of their contract with the Rose Law firm. ”
Jeanette, have you requested this information from the POA? If not here is the link to the form to request documents: https://bit.ly/requesthsvpoa
Place a request for the information, I made it super easy for you. This is the system set up by the ceo and the board. Follow it.
You don’t have to whine on this website about non-transparency until you get a rejection for your request from the ceo.
Karen Daigle Lundberg
04/28/2020 — 9:30 pm
Jeanette Sherman – I don’t suppose the thought might have occurred to you to ask the POA for a copy of the contract with Rose Law Firm? No? Oh, that’s right. You are assuming we’re still under the Old Guard. No, my dear, this new Board, in line with their promise of transparency, did not make the Rose Law Firm contract a confidential document and is available at the POA for any property owners to see. Also, in their intentions to handle business the correct way…not like the old Board….they did significant due diligence on their rights to hire the Rose Law Firm and confirmed there were no conflicts of interest and there would be none in the future. That is what a PROPER BOARD OF DIRECTORS does…get used to it. Don’t throw stones when you live in a glass house, Jeanette. All of your finger pointing was for naught because all of the answers are right there for your viewing at the POA offices (provided, of course that their internet and phone service is working at that time). Have a good evening.
Robert Busse
04/27/2020 — 5:48 pm
I think we all need to give Karen Lundberg a gigantic Thank You, for using her expertise and experience to plow through the documents, information and facts to uncover this bag of worms that certainly will cost the Village dearly. And she is 100% right that are individuals and/or small groups of owners that think they are legal beagles and know what’s going on that obviously are actually clueless. And these folks have the gall to make accusations and throw serious criticism at our newly formed BOD who have been seated for just a few days. As Karen, myself, and several other folks have pleaded; we must be patient and let these people and their advisor do the work they pledged to us they would do. If given a chance I believe they will perform up to our expectations and within the law and legal framework established for our type of community.
Robert Busse
PS thank you Cheryl for publishing Karen’s message.
Vicki Husted
04/27/2020 — 6:22 pm
Robert Busse,
I agree 100%. Thank you, Karen Daigle Lundberg for your hard work and excellent explanation, and thank you, Cheryl and Joe Dowden for publishing it here.
HSVP C
04/27/2020 — 9:23 pm
Our pleasure, Vicki.
HSVP C
04/27/2020 — 7:31 pm
I was happy to do this, Robert. Thank you so much!
Karen Daigle Lundberg
04/28/2020 — 12:33 am
A very big thank you to Joe and Cheryl Dowden for publishing this Article so professionally. They were given many, many pages of documents to hyperlink into the Article, and it was all quite time consuming. Great job and thank you.
HSVP C
04/28/2020 — 6:58 am
Thank you, Karen for all your extensive research and hard work.
Karen Daigle Lundberg
04/28/2020 — 12:30 am
Thank you very much, Bob Busse. You are absolutely correct that we need to be patient and support our new BOD. They seriously have a mess on their hands, and they are working relentlessly to keep their promises. Right now is the time for trust and faith and give them the opportunity to take care of major hurdles. They have heard us; they have been listening; they will keep their promises. I know this for sure in my heart.
Karen Daigle Lundberg
04/27/2020 — 11:13 pm
The hour is late, and all there is to do now is sit and wait. To keep my mind on other things, I will go through and address some of the questions that have been asked. Please understand that Cheryl, Joe Dowden and myself put in a lot of extra effort into this Article in order to present the actual documents in the Court record, my explanation in less legal terms and as much detail as I could. There will be some questions that I cannot answer, but I will answer what I can. Thank you all for your patience and prayers.
Clint
04/28/2020 — 4:25 pm
Am I the only one that finds Ms. Lundberg’s suggestion that an outside for profit company should be able to buy up property here, not pay assessments and get a pass from the property owners on the amount they owe? This smells like another NRPI fleecing. And now that we have Cooper’s attorneys, she is calling on them to help the property owners not get paid?
HSVP C
04/28/2020 — 5:16 pm
I did not see where Ms. Lundberg stated that an outside for-profit company should be able to buy up property here, not pay assessments and get a pass for assessments. Also, I did not see where she is calling on any attorneys to help the property owners not get paid. I think you may need to get a new set of bifocals. Thank you. – Cheryl
Clint
04/28/2020 — 5:32 pm
Apparently the words “needs to be shuttered and never heard from again” were lost on you but my bifocals are working just fine. Why would us property owners not want to recover unpaid assessments and stop companies from leaving us holding the proverbial bag like we did with NRPI?
Karen Daigle Lundberg
04/28/2020 — 5:51 pm
Well, my goodness, Clint, good to see you. You naysayers have no idea how much you make my day when I see you come on here and try to discredit me. It really is a compliment that I, evidently, am such a threat to you all with what I find that you have to come out and harass me, or demean me, or whatever you choose to do. Bless your little hearts….you just can’t help yourselves.
For the record, I stand by my words…as written. Second, I did not speak, write, smoke signal or have any other type of communication with any attorney on my Article. You see, Clint, when you have worked as a paralegal for 30 years there are just a few little things you can figure out all by yourself, without consulting an attorney. I have never professed to be an attorney; I have always stated that I am a paralegal, and my opinions are not legal advice of any sort. They are my opinions from my 30 plus years experience. What can I say, Clint? When you’re good, you’re good, and I know legal and speak out when I see wrong or incompetence. It’s that simple. I’m so sorry if I hurt you and your buddies’ feelings by speaking the truth, but don’t for one minute think that will stop me from protecting the lovely people in this Village when I see something that is hurting them.
Now, please go back to your sandbox and play with your little friends. Just remember, it’s not nice to throw sand. Be a good little boy and just play in it. I think a sandbox is just the right speed for you. Have a great day.
HSVP C
04/28/2020 — 6:08 pm
Clint, the thing that is not lost on me is that you are a TROLL. Nothing you say is correct. Are you part of the Arkansans 4 Nonethical Behavior? – Cheryl
Vicki Husted
04/28/2020 — 7:49 pm
Clint04/28/2020 — 5:32 pm
Have YOU read the publicly available documents in this lawsuit? I HAVE.
Now, I’m not an attorney, a paralegal, or anything more than a person who can read English and still has more than two brain cells.
Having read the documents, I suspect that Ms. Lundgren’s suggestion that it “needs to be shuttered and never heard from again” refers to the fact that, in my opinion, due to the ineptitude and/or negligence on the part of the POA and it’s legal team, the case cannot be won, so it would be throwing good money after bad. I’d just like to know how much money has already been wasted on a suit that should never have been brought.
By the way, what’s your last name? And is Clint your real first name?
Vicki Husted
04/28/2020 — 8:18 pm
Clint 04/28/2020 — 4:25 pm
You asked, and I quote: “Am I the only one that finds Ms. Lundberg’s suggestion that an outside for profit company should be able to buy up property here, not pay assessments and get a pass from the property owners on the amount they owe?”
It’s a pretty poorly written question; Finds Ms. Lundgren’s suggestion WHAT?
However, I get the gist of what you think you found. I DO NOT find any such suggestion in Ms. Lundgren’s writing. Please be specific as to where she made this suggestion IF you truly believe it exists.
Chipmunk
04/28/2020 — 6:31 pm
I’d guess Clint is/was a member of the CMPAC and part of the old guard team.
Sam Taylor
05/01/2020 — 5:49 pm
That was my thinking too.
Minn Daly
04/28/2020 — 6:32 pm
Karen, loved your address to CLINT! You know because you are an intelligent pragmatic person that seeks truths, individuals like CLINT seek to cloud the agenda because TRUTH hurts! Karen keep up the great work along with Cheryl & Joe in telling it like it is. We as HSV members are very inlighten by your intellect & straight talk. Minn Daly
Karen Daigle Lundberg
04/28/2020 — 7:34 pm
Thank you so much, Minn Daly. I must admit that people like Clint used to anger me because they are constantly attempting to discredit me. But then I realized what compliments the things they are accusing me of doing really are to me. And then it all became hysterically funny. Today I think topped it when Clint accused me of working with Cooper’s attorney. That is hilarious!! I am RETIRED!! I have never even met Cooper’s attorney, and have gotten no advice whatsoever from any attorney when I scoop these cases. That is what is so nice about being truthful. The truth will always surface, and the person lying is running in his/her hamster wheel trying to catch up with their lies. It actually is quite amusing when you think about it. But….alas, no…it is just this little old paralegal and the experience and knowledge she gained in a career she was quite good at, that is causing these bullies so much grief. Bless their little hearts. Thank you again, Minn Daly. You are awesome!!
George Phillis
04/28/2020 — 7:58 pm
I left ND to get away from the trolls! I suggest a certain person take his confused assumptions over to ND. As for Ms Lundberg Mr Clint…..she was a paralegal for 30 years and knows the law extremely well. She is also is an excellent researcher and can find the needle in a haystack when it comes to legal issues and cases.
It was her research, legal knowledge and bulldog work ethics that enabled her to uncover this lawsuit that the CEO tried so hard to hide. Ms Lundberg did it on her own and didn’t need any input from anyone’s law firm. This case reveals the ineptitude of the CEO and the lawyers she had hired. It also reveals the fact she was trying to keep this information buried. Thank you Ms Lundberg for an excellent job.
George Phillis
04/28/2020 — 11:26 pm
Good grief I thought I’d left the trolls on ND! Now they have migrated to this forum and we’re seeing the same disruptive, divisive negative posts on here from them……Sherman and Clint so far. This was supposed to be a forum for like-minded reasonable people. I’m not against intelligent and reasonable dialogue but that’s not possible with trolls. So Sherman, Clint and any other trolls go back to ND. You all screwed that forum up so don’t come to this forum and muck it all up with your bs. Again as on ND I would highly suggest ignoring the trolls that have now moved to this site. Besides they will not understand intelligent responses…….it will only confuse them.
Clint
04/29/2020 — 6:43 am
Let me see if I have this straight George. Trolls are defined on this site as anyone having an opinion that differs from those offered by the usual contributors, like yourself.
If Ms. Lundberg would have explained the available facts in this case (as a professional paralegal would) rather than offering non fact based commentary, you would not have heard from me. But she went on to actually state that the case should go away. Call me a Troll if you want but I’m not the one that suggested property owners should ignore amounts owed them. Something is not passing muster here.
Tom Blakeman
04/29/2020 — 7:18 am
Clint, I’ve looked back at history quite a bit. It is obvious that our POA including all the past Boards of the time have done a piss poor job of managing the defaulting properties, collections and all surrounding issues over the past 15 years or so. This example brought to light by Ms Lundberg is just a more flagrant recent example.
Of course outside companies should not buy up property here, then default, and then not be held to task and made accountable. That is not acceptable. It is totally unacceptable. But given the poor decisions and lack of proper action In the past that is exactly what has been happening for years.
The fact of the matter is that it far too late to undo most of the damage which has resulted from the ignorant and negligent actions of our past leadership. However it would be even more stupid to keep on down a path of mismanagement such as is obvious from the case in point.
The real problem here is not Ms Lundberg, who is doing the best she can to bring such issues to light, something no one else has done. The problem is that property owners like yourself, who should obviously know better, have failed over many many years to do something similar and get these issues handled before they became the pitiful morass they are today.
Karen Daigle Lundberg
04/29/2020 — 9:57 am
Oh, my dear Clint. You got out of your sandbox. Once again, though, you amuse me. You state, and I quote, “If Ms. Lundberg would have explained the available facts in this case (as a professional paralegal would) rather than offering non fact based commentary, you would not have heard from me.” Well, first of all, we know we would have heard from you over something to complain about, maybe not just that. Regarding me explaining the available facts in this case rather than offering non-fact based commentary…excuse me? Did you not bother to look at Part 2 of the Article, Clint? For the specific purpose of transparency in detailing this case, Joe and Cheryl Dowden and myself went to a great deal of trouble to make sure every pleading directly from the court record was included in Part 2, along with my “professional paralegal” input on what each pleading meant. Lastly, your continued repeating of my “shuttering” the lawsuit is getting old. Can you find something else to pick on, because you’ve used that one up pretty good already. For the record (for the non-trolls)…..of course I would not think we should not collect past due assessments. But have you ever heard of cutting your losses? In this case, IF there are one or two lots left, continuing to pay attorneys’ fees on a lawsuit that would, if anything, get a very minimal amount of a judgment, on top of which you will have to chase this man all over the world to find him. It would be much like you going out and standing in front of a cement wall and banging you head into it. Are you smart enough to know that you’re only going to get blood from doing that, Clint? I’m really starting to wonder if you are smart enough. LOL Now please go play in your sandbox. If you think you are going to trigger me by insinuating that I am not a professional paralegal, sorry, sweetie, but you lose. I know who I am; I know what I did as my career; and I know how good I was at it. Make all the false claims and misquote me all you like, but you cannot take a person who knows who she is and make her something she is not. Have a good day, Clint. Don’t forget….don’t throw sand….just play in it.
Vicki Husted
04/29/2020 — 10:31 am
Clint 04/29/2020 — 6:43 am
Since you are unable or unwilling to address the issues in two comments I presented to you above, allow me to enlighten you somewhat. You said to George Phyllis: “Call me a Troll if you want but I’m not the one that suggested property owners should ignore amounts owed them.” You only got one thing right in your reply to George.
NO ONE — NOT Ms. Lundgren, NOT other commenters, NO ONE BUT YOU suggested property owners should ignore amounts owed them. The amounts owed are due to the utter ineptitude and/or negligence of the POA and it’s legal team. The case is unwinnable now, and this suit should never have been brought by Lesley Nalley.
So okay! I will call you a Troll. And as I provided to a cohort of yours on a different article on this site, here’s an explanation and little common sense about cowards and trolls. Enjoy the video.
https://www.youtube.com/watch?v=PotzxBnp0-8
Oh, yes — you DID get ONE thing right when you said: “Something is not passing muster here.” It’s you.