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Trustees Continue To Violate Rules While Singling Out Unit Owners

The Association continues to engage in selective enforcement and harassment of individual Unit Owners, while at least one Trustee (Bob Castle) and selective Unit Owners or their tenants continues to be allowed to violate the rules and regulations and other governing documents of Liberty Commons.

Bob Castle (Trustee) has continued to violate the rules and regulations by parking a commercial vehicle, a school van, on Liberty Commons property 3 to 5 hours each school day. Recently, Bob Castle (Trustee) has attempted to hide the fact that he is parking a commercial vehicle on the property by covering up the company’s logo on the side windows. This does not change the fact that it is still a commercial vehicle with commercial plates and a school bus sign on the roof of the vehicle. Refer to “Rules Don’t Apply To Trustees”.

Selective enforcement and harassment of individual is a clear violation of the Board of Trustees (John Lind, Bob Castle, Becky Patella, and Paul Weizer) fiduciary responsibility to each and every Unit Owner and is subject to court imposed fines or assessments on the Association has a whole. The courts have decided if an Association does not enforce all of its rules and regulations and other governing documents that is the subject to court ordered fines and assessments. There is ample case law and judgements to support this practice. One case that I am aware of, the courts ordered that the Association pay to a Unit Owner $25,000 due to the fact that the Trustees allowed certain Unit Owners to violate the rules while another Unit Owner was fined. The courts decided that that violated fiduciary duty to each and every Unit Owner, in essence calling their behavior harassment.

To avoid this selective enforcement of our rules and regulation and other governing documents, the first elected Board of Trustees implemented a Compliance Procedure so that all Unit Owners would be treated fairly and equally, with no bias whatsoever. The Managing Agents have never followed this Compliance Procedure and therefore Unit Owners are treated differently which violates the Board of Trustees fiduciary duty to each and every Unit Owner and makes us subject to court action and significant fines for violating and harassing selective Unit Owners while allowing other Unit Owners or their tenants to violate rules and regulations and other governing documents of Liberty Commons.

Some of the many violations that have been reported and ignored are:

  • More than two vehicles per Unit
  • Personal property stored on Commons Elements and Areas
  • Altering the Common Elements
  • Improper trash disposal
  • Illegal satellite dish installations
  • Commercial vehicles parked on Common Elements
  • Storage of gas grills and propane tanks
  • Unregistered vehicles on Common Elements
  • Uninspected vehicles on Common Elements
  • Cats outside and feeding stray cats
  • Dogs living and/ or visiting Liberty Commons
  • And many other violations…

It seems to depend upon who the Unit Owner is violating the Rules and Regulations or other governing documents. If you are one of the Board of Trustees’ (John Lind, Bob Castle, Becky Patella, and Paul Weizer) “favorites” then they can do whatever they want, however, if you are not a “favorite,” then the Board of Trustees’ (John Lind, Bob Castle, Becky Patella, and Paul Weizer) might selectively enforce the rules and fine Unit Owners. The Board of Trustees (John Lind, Bob Castle, Becky Patella, and Paul Weizer) cannot randomly or selectively decide which rules and regulations or other governing documents they choose to enforce and upon whom. By doing so, the Board of Trustees’ (John Lind, Bob Castle, Becky Patella, and Paul Weizer) violate their fiduciary responsibility to each and every Unit Owner and make the Association as a whole subject to court action and judgement, and each Unit Owner will be responsible for paying their portion of any judgment against the Association in an increase in Common Area Fees.

Some examples that highlight this selective “favoritism” of certain Unit Owners by the Board of Trustees (John Lind, Bob Castle, Becky Patella, and Paul Weizer) are:

  • Bob Castle (Trustee) being allowed to violate the Rules and Regulations and other governing documents by bringing a commercial vehicle onto the property each school day, since the beginning of September 2013 and previous school years too. Please refer to “Rules Don’t Apply To Trustees” for more insight into how Trustees don’t follow the rules.
  • Elizabeth Heller constructing a stonewall on the Common Areas in front of her Unit without permission from anyone. When a Unit Owner brought this up at a recent Board of Trustees and Unit Owner meeting, Paul Weizer (Trustee) was overheard telling Elizabeth Heller to just send him an email and he would approve it, not the Board of Trustees (John Lind, Bob Castle, Becky Patella, and Paul Weizer) would consider it, but he would personally approve it. Please refer to “Revealing Conversation With Paul Weizer” to gain insight of how our unelected and self-appointed Board of Trustees actually works.
  • At least one resident is being threatened with fines for having three vehicles (a violation) while many other Unit Owners and their tenants have more than two vehicles (in some cases between 3-5 vehicles per Unit) on the property all the time. This has been brought to the Board of Trustees (John Lind, Bob Castle, Becky Patella, and Paul Weizer) attention many times by different Unit Owners, but the Board of Trustees (John Lind, Bob Castle, Becky Patella, and Paul Weizer) just want to bury their heads in the sand and have chosen to just ignore the facts. Why is having more than two vehicles an issue? It’s quite simple, there are a total of 271 parking spaces on the entire property, and each Unit Deed allows each Unit to have 2 vehicles, leaving only 7 parking spaces for guests. This does not afford the opportunity to for Unit Owners to have more than 2 vehicles per Unit. Steve Stearns has suggested that when we repave the roadways, parking spaces, and parking lots that we look for opportunities to increase parking, as the site’s constrains permits.

The Board of Trustees (John Lind, Bob Castle, Becky Patella, and Paul Weizer) reckless and irresponsible actions will most likely eventually cost all of us a lot of money when a knowledgeable Unit Owner stands up to them in a court of law and a judgment is awarded to that Unit Owner by the courts. This can all be avoided by the Board of Trustees (John Lind, Bob Castle, Becky Patella, and Paul Weizer) enforcing each and every single Rule and Regulation and all other governing documents equally upon each and every Unit Owner regardless of their relationship with the Board of Trustees (John Lind, Bob Castle, Becky Patella, and Paul Weizer) or individual Trustees. They themselves, the Board of Trustees (John Lind, Bob Castle, Becky Patella, and Paul Weizer), need to abide by all of the Rules and Regulations and governing documents themselves.

On several occasions, Paul Weizer (Trustee) has openly admitted at meetings that the Board of Trustees  (John Lind, Bob Castle, Becky Patella, and Paul Weizer) have chosen to ignore our Rules and Regulations and other governing documents of Liberty Commons, and look the other way. The Board of Trustees (John Lind, Bob Castle, Becky Patella, and Paul Weizer) use a lot of inept excuses for their failure to do their jobs and this is one of the biggest contributing factors of the disfunction that is Liberty Commons. The ignorance, irresponsibility, inept and unprofessional behavior by this unelected and self-appointed Board of Trustees (John Lind, Bob Castle, Becky Patella, and Paul Weizer) needs to cease immediately. If they cannot take the job that they sought seriously, then they need to step down immediately before it costs all of the Unit Owners large sums of money.

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