- WINDSOR adopts and realleges Paragraphs 1 through 505.
- asserts this claim against the ASSOCIATION, COACH HOUSES MEMBER DEFENDANTS, C&M DEFENDANTS, and SENTRY DEFENDANTS.
- claim the BYLAWS of the ASSOCIATION were amended on August 1, 2017. This is a false representation of fact. The ASSOCIATION, COACH HOUSES MEMBER DEFENDANTS, C&M DEFENDANTS, and SENTRY DEFENDANTS knew this was false. The ASSOCIATION, COACH HOUSES MEMBER DEFENDANTS, C&M DEFENDANTS, and SENTRY DEFENDANTS perpetrated a fraud by claiming the BYLAWS were amended.
- The records of the ASSOCIATION and SENTRY prove that there was not a quorum for attempted meetings on August 1, 2017, and the vote to amend the BYLAWS failed as well as a vote required to authorize use of the Reserves. In addition, consents were not obtained from first mortgage holders for a bylaw amendment as required by the BYLAWS. [See SOF 51, 52, 59, 63, 97, 104, 107, 138, 331.]
- On December 28, 2018, OMAR and KAREN signed a fraudulent affidavit stating that the BYLAWS were amended on August 1, 2017. [EXHIBIT C.] This was a false representation of fact. It was written by BRIAN and C&M, and it was filed in Lake County by BRIAN and C&M. There was no purported Board Meeting on December 28, 2018, and there has never been ratification of this purported Certificate of Amendment. [See SOF 97, 107, 127, 138, 331.]
- CHARLIE ANN and SENTRY produced bogus minutes to WINDSOR in an effort to conceal that there was no amendment to BYLAW 2.2. [See SOF 51, 52, 167, 209, 216, 331.]
- The Minutes of the purported August 1, 2017 meeting show that there was no approval of a BYLAW amendment on August 1, 2017. [EXHIBIT 1287.] BRIAN and C&M had a duty to review the minutes. The ASSOCIATION’s records prove the BYLAW Amendment did not comply with the corporate governing documents. [See SOF 331.]
- On January 15, 2019, Lake County Clerk of Court records indicate that an alleged amendment to the BYLAWS was filed by BRIAN of C&M. There was no Board Meeting on December 28, 2018 to authorize this affidavit. [EXHIBIT C.] [See SOF 97, 138, 331.]
- The documents that proved there was never an amendment have always been maintained at SENTRY. SENTRY managed all meetings and had a duty to know the Lake County filing was a fraud.
- All of the C&M DEFENDANTS, SENTRY DEFENDANTS, and COACH HOUSES MEMBER DEFENDANTS have been informed many times that the BYLAWS were never amended. They all knew the representation was false. [See SOF 251, 253, 254, 288, 291, 303, 308, 327, 331, 363, 371, 376, and others.]
- The ASSOCIATION, COACH HOUSES MEMBER DEFENDANTS, C&M DEFENDANTS, and SENTRY DEFENDANTS intended the PLAINTIFF and Owners to rely on the representation that the BYLAWS were amended, and they induced the PLAINTIFF and Owners to act on it. Meetings were scheduled that WINDSOR and Owners were told were official when the dates violated the true BYLAWS.
- The January 15, 2019 filing constitutes fraud. The ASSOCIATION, C&M DEFENDANTS, SENTRY DEFENDANTS, OMAR, VICKI, and KAREN committed fraud in an effort to get OMAR, VICKI, and KAREN elected at a 2019 meeting that appeared to be authorized by the BYLAWS.
- Telling WINDSOR, the ASSOCIATION owners, Lake County, and the general public that the BYLAWS were amended was false. ASSOCIATION, C&M DEFENDANTS, SENTRY DEFENDANTS, OMAR, VICKI, and KAREN knew it was false. They actively worked to conceal the fact by repeatedly failing to produce the records from the meeting in response to WINDSOR’s Requests for Inspection while claiming the BYLAWS were amended. The intent was to deceive WINDSOR and ASSOCIATION owners into believing the BYLAWS were amended. Owners relied on those representations. WINDSOR and Owners were injured as a result. The ASSOCIATION has reportedly been charged over $130,000 in legal fees that would not have been incurred if the truth had been told and the Board had been replaced. Now the Owners have homes that are worth far less because of the outrageous increase in assessments. WINDSOR and other Owners have been forced to pay dues and assessments that were not legally authorized.
- WINDSOR and Owners have been injured by the false representation. DEFENDANTS have used the false representation and the fraudulent amendment filing to subvert the legal processes of the ASSOCIATION and its members.
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