Authored by Karen Daigle Lundberg, June 24, 2019
Let’s talk a little more about HSV Lawsuits (plural)
The other day, I posted an article about the CCI v. HSVPOA lawsuit, and I would like to address some of the responses from that post. I would also like to bring back to everyone’s memory the ISN (security gates) lawsuit.
CCI v. HSVPOA
Tom Blakeman and Lloyd Sherman pointed out the fact that we have insurance to cover our attorneys’ fees for lawsuits. They are absolutely correct. We do. I do not know the answer to this question, but I think it might be worth investigating. While we still do not know the Judge’s decision in this matter, the one thing that is very clear is that HSVPOA is breaking Arkansas State law that specifically states that they must produce the records which are being requested. Do not think for one minute that they are not very aware of what they are doing. They most certainly do. However, that leads to the question of whether our insurance company will cover a lawsuit that is so clearly violating State Law, much less cover the appeal process? As I said, I do not know the answer to this question, but I do think it’s worth investigating.
Appeals are good for stalling the inevitable
Another remark was made that the attorneys would not be “dumb” enough to file an appeal they cannot win. While I agree that the chances of them winning on appeal are little to none, it is not the attorney’s decision whether to file the appeal. The client (HSVPOA) will instruct him to file the appeal or not. It is my sincere belief that while knowing that they stand very, very little chance at winning on appeal, they will run through the appeal process. Whether the insurance company foots the bill for this ridiculousness, we don’t know, but HSVPOA will not be filing an appeal because their insurance will pay for it, or because they feel they can win on appeal. They will be filing an appeal and going through the very long process of the appeals for one reason, and one reason only, to STALL!! I know I have my reasons for believing why they will stall, but I will let each of you decide what your reasons might be for them to STALL.
As I stated in my article yesterday, we do not know what the Judge’s decision will be. I am simply asking people to be prepared. I feel absolutely sure that if the Judge rules for CCI, then HSVPOA will file an appeal for merely STALL tactics, thereby buying possibly one or two more years of not having to open their books. I have seen so many people asking why they are being so stubborn about opening the books. Think about it. Whatever is in those books and records is enough for them to fight like crazy not to open those books and records. What could they possibly be in there, and what consequences may result to certain people when those books and records are open? These are just questions, not accusations. I hope, though, that this answers the questions.
ISN (SECURITY GATES) LAWSUIT
The security gates have just been coming up as a subject again. I would like to ask everyone while they are fighting the POA filing an appeal in the CCI case (if necessary), that we also STRONGLY encourage them to get this case settled with International Security Networks (ISN). Many people have seen my public posts back then about the security gates, but few are aware that behind the scenes, I have emailed the CEO regarding this case many, many times. It is no secret to the CEO, ex-Board Chairman, and many Villagers that I possess the evidence in the case. I have shared it with no one, but I know the facts of the case explicitly. Other than not divulging the evidence I have in my possession, I have written the CEO many times asking her to please not serve this lawsuit, and not to pursue it. I practically begged the ex-Board Chairman not to let this lawsuit go forward, and I was denied by both of them. I even went out of my way to explain to both of them that from what I could see, if they pursued this lawsuit, there would be a counter-claim filed for much more than we were suing ISN for. They chose to ignore me. Even when I explained to the CEO that she could probably earn a lot of respect by stepping out and saying she was wrong and had been dishonest, she still refused to stop the forward movement of the lawsuit.
HSVPOA not answering pleading
At this time, ISN’s attorney has filed a pleading that has not been answered by HSVPOA. It is sitting in the Court record at a standstill. The ball is in HSVPOA’s court now. Right now is the perfect opportunity for HSVPOA to reach out and attempt to settle this lawsuit, but it is now going to cost them. I can tell you in all honesty that they had this opportunity to just walk away, but in order to do that, they would have had to admit wrongdoing, so they chose a different route. They have lost the opportunity to walk away clean from this lawsuit, but I believe they have the opportunity to settle it without losing as much money as is being counter-sued for.
Tell CEO & Board to get rid of lawsuits
So I am asking everyone to put the pressure on, not just about the CCI case (if necessary), but also urge them to settle the ISN lawsuit. If HSVPOA would do this in both of these lawsuits, we would be down to one major lawsuit pending in Court, which is a lot better than the eight we were sitting on just a few months ago.
So, please get on your keyboards, or get out your pens or pick up your phones and tell our CEO and Board to get rid of these lawsuits, and spend the money on repairs in the Village.
We seriously need to take them on in every wrong action they are taking, all at the same time. Most especially, let’s get those records open and see how many problems resolve themselves once those books and records are open.
Karen Daigle Lundberg, Hot Springs Village
Formatted by Cheryl Dowden