July 16, 2025
July 8, 2025
HOA Attorney Response
Here is the latest response-filing by the HOA attorneys to my HOA lawsuit. Just a bunch of legal procedural complaints unrelated to the actual claims I have made against the Board. Basically, the attorneys don't want to review the 1800 pages of documentation I provided them and instead wish to be spoon fed.
Next steps--I must prepare another response to their response. Then we meet again with the judge to discuss.
https://www.courts.mo.gov/fv/c/Defendants%20Motion%20to%20Dismiss%20Plaintiffs%20Amended%20Petition%20or%20in%20the%20Alternative%20to%20Strike%20and%20for%20More%20Definite%20Statement.PDF?courtCode=21&di=30536391
July 5, 2025
Melvin's Illegal Flag-Pole
This Petition will be filed on Monday if their flag-pole isn't removed. If the Board won't enforce our governing documents then we homeowners must. This is OUR association and not the wild west. Click button below to review Petition.
July 3, 2025
1: LEGAL UPDATE - Harassment of the Smiths
You may read my legal response to the Maryland Heights Prosecuting Attorney regarding Psycho having convinced the Maryland Heights police chief's secretary to cite me for Harassment for standing up for myself against our HOA bullshit. Of course, I continue to fight it in court over the past year: brief hand gestures (flipping birdies) and verbal arguments are legal "with good cause" such as in response to HOA political actions and court proceedings--this is the law, "legal" behaviors and conduct to yell and flipoff people "with good cause". This means that I can flipoff these assholes all day long, and I can yell across the street to John Smith that he is a pussy-man for having his wife fight his battles and for accusing me of giving that 80 year old asshole a "widow-maker" heart attack. This is YOUR taxpayer money at work pursuing me for frivolous nonsense. Pathetic. Read my response to the City Attorney regarding their citation at:
https://www.courts.mo.gov/fv/c/FILED%20CORRESPONDENCE.PDF?courtCode=21&di=30498592
2: LEGAL UPDATE - DEFAMATION
Our former Board President and her pussy-husband are suing me for Defamation for me allegedly accusing them of putting their clients' condo repairs ahead of our owners' repairs who had been waiting for same/similar repairs for years longer? And for me causing pussy-John a "widow maker" heart attack. My high-power lawyers are now engaged to put their bullshit claims about me to rest. This defense is to their Defamation lawsuit against me. Different legal action from their Harassment claims to the Maryland Heights police that I previously provided you the update.
There are 4 active court cases involving these idiots. For this particular Defamation lawsuit I have attorneys addressing on my behalf since it goes to trial in early August.
3, 4: ADDITIONAL LEGAL UPDATES (2 cases)
Two additional legal updates are in progress.
a. I am suing Psycho and John for Defamation and Emotional Distress. They attempted to dismiss it in court but the judge basically told them to piss-off. They have 30 days to respond to my allegations regarding Defamation and Emotional Distress.
b. I am suing our HOA Board for 30 or so separate Counts, multiple instances/occurrences of each Count. This is the big daddy lawsuit. The HOA attorneys have 30 days to respond to my allegations.
The ball is in the hands of these ignorant HOA assholes' attorneys while I get to enjoy the July 4th holiday. Life sucks for the HOA assholes--to be bullies of the elderly and less fortunate neighbors of ours. Peace be with you this Independence Day Weekend!
Information to share with our genius Petition-signers:
Missouri's Nonprofit Corporation Law under Chapter 355 of the Missouri Revised Statutes governs nonprofit organizations, including many homeowners associations (HOAs). HOAs in Missouri are often structured as nonprofit corporations, meaning their board members must adhere to fiduciary duties, act in good faith, and follow the association’s bylaws and governing documents.
While the law does not explicitly outline whistleblower protections for HOA board trustees, it does establish transparency requirements, including access to records and proper financial management. If a trustee faces retaliation for reporting misconduct, they may rely on general nonprofit governance laws. Furthermore, Truth as a Defense: If the information the whistleblower revealed is true and exposed illegal or unethical activity, it would be a strong defense against many types of lawsuits, particularly defamation.
June 1, 2025
HOA LAWSUIT UPDATE
The judge granted me a 1-month extension to cleanup my Petition and refile it without the irrelevant noise that I included. I am to keep it to valid issues under the law, which I will do. The judge said that she would not simply dismiss my case today because it appears that I do have some valid arguments in my Petition to proceed with the lawsuit. In the meantime, the HOA attorney conveyed that buyers of properties within Autumn Lakes cannot get loans from lenders due to this lawsuit. Deals may be cash-only while the lawsuit is in play. This is what happens when HOA Boards disregard the Indentures that they were elected to uphold. Shameful and illegal behavior by our Board.
May 23, 2025
City Project Update
They are nearly complete with the city project behind us, down from the maintenance garage along i270. The rain and upcoming rain has slowed their progress. Next week they plan their final tasks including removal of the gravel path and apply sod to mud paths. Replace the chain link fence--it will be challenging to make it visibly level considering the burm that was built. The drainage problem is not fully resolved. Another company (that won a separate bid) will need to build/dig an offshoot that has fully filled with dirt. That company will access this area from i270 down the hill near the cattail so it won't impact our property--other side of the fence. Happy Memorial Weekend! Mark
April 28, 2025
HOA attorneys' response to my lawsuit petition:
https://drive.google.com/file/d/1qcSzi1BL9zeiVb1D2_DrfiYsEBB9h988/view?usp=sharing
April 13, 2025
AUTUMN LAKES ROOFING DEBACLE
I am going to tell you everything that I believe about our roof situation. You have probably lived here longer than me, so please correct me or elaborate upon anything below. Allegedly, ....
Our roofing shingles are old. They are to have a 20-year life--their "useful life" expired due to multiple instances of storm damage. We had a storm years ago that damaged the shingles and for whatever reason a storm insurance claim was not filed (i.e. Board negligence). Years later, following another storm, our idiotic Board decided to con our insurance company by filing a false claim that a recent storm caused shingle damage. The roof inspector hired by the insurance claims department issued us a report stating that the damage was not new, the damage was years old. Insurance claim DENIED. Our insurance agent said he would only allow the Board to renew our policy for the following year if the Board agreed to never file another fraudulent insurance claim against his agency. Instead, the Board opted to cut bait and switch insurance agents.
The Board hired an insurance broker to evaluate our insurance situation, and he offered us our current policy with an agreement by the Board to prohibit condo usage of wood burning fireplaces and deck grills. The Board could have renewed our policy with our existing agent, but instead chose to hire this Broker that was unable to sell us the same type of policy that our former Agent provided us that did allow deck grills and wood burning fireplaces. I have asked the Board and CPM to show me in the current policy where it states that we cannot use deck grills and woodburning fireplaces. Crickets.... Our newsletter said it is an HOA "guideline"--a Board Rule that was not voted upon by our HOA homeowners nor prohibited by our policy. Word-games and lies by our incompetent Board.
The recent storm tore many shingles from our roofs. The roofers have nailed temporary plastic sheets to cover the missing shingles to prevent water from leaking into our roofs. The roofing industry has primarily discontinued using these shitty shingles that we currently have. The St Louis marketplace doesn't have a stockpile of these shitty shingles since they are primarily discontinued by the roofing industry, which is why many of us currently have mismatched-colored replacement shingles from previous storms. The roofers are scouring the country trying to find enough of these shitty shingles to replace ours that are damaged or blown away. While we wait for them to find and ship these shingles to us, the roofers continue to nail plastic sheets to our roofs to prevent water damage inside our condos while we wait.
Once these shitty replacement shingles arrive, the plastic sheets will be removed and replaced by new shingles that hopefully match in color considering that existing are discolored by weather and age. The shitty replacement shingles will have a tacky sticky substance to affix them to the roof. This tacky substance isn't strong enough to hold the shingles in place, so the roofers will glue them down using a stronger compound.
Why are we doing all of this? Because we don't have enough money in our Reserves to replace our decrepit roofs. Thanks Board, you got us into this mess. Have a bake sale to earn us out of this debacle. Meanwhile, the Board plans for the clubhouse renovation to rebuild two bathrooms and install a ramp, and the expensive pool resurfacing project is currently underway. Priorities, Board. Priorities. Our buildings are falling apart. Plant some more flowers.
March 24, 2025
You may not yet have met our “house” Board Members that joined
the Board a year ago after our HOA Attorney was paid about $10,000 to
reinterpret our Indentures (instead of creating NEW Indentures as we had been
told by the Board). By the way, a reminder, that misinterpretation of the Indentures was
solely to keep Jerris and me from serving on the Board at the same time and potentially
reaching a majority vote on HOA Board voting issues. Anyway, you know of one of
these “house” Board Members by his appalling actions, some that you have read about
here. This person’s name is Jim Schmid. What has he done in the past year while
serving on our Board? A few examples:
1.
Jim failed to timely act upon a condo broken
and running spigot last winter directly across the street from him? The next morning,
he acknowledged receiving my email but still had not acted upon it. It was still running and potentially further
flooding that condo basement.
2. At the HOA Meeting last week, Jim is allegedly the person who was sitting behind the laptop running Zoom, with that shrieking whistle to shut-down a “condo” owner who was speaking at the time. She and other homeowners immediately departed the meeting in disgust with his disrespectful behavior as a Board Member. The President holds the gavel and controls meeting tempo, not other Board Members, and certainly not a "house" Board Member trying to censor a "condo" homeowner.
3. Jim is the person who has blocked our city sidewalk with his lawn debris for the past week. Nice leading by example.
Jim is to serve for another year or two before his term expires. Beware of this guy. This is who the "house" owners elected--"condo" owners didn't even have the opportunity to vote for these two "house" Board Members. Our Indentures have been misinterpreted; hence, my lawsuit.
March 23, 2025
Water damage due to faulty windows, skylights, caused by/around decks, is homeowner responsibility to repair the water damage. Click this button to learn what owners are responsible for, and what the HOA is responsible for:
March 22, 2025
Butch's illegal flagpole is finally removed. Thanks Butch--better late than never. We can now stop your daily fine accruals and send you the final Invoice.
March 21, 2025
March 19, 2025
Any spending that exceeds budget eats into our Reserves that we had planned for big and costly projects. Some projects may need to be cancelled. Ask the Board if we have exceeded budget and what projects are being cancelled. I propose we cancel the Clubhouse Renovation Project which is lower priority than roofs, siding, gutters, tuckpointing/bricks. Must refocus on priorities. Funds from ALA can be transferred to ALC to cover the buildings instead of Clubhouse--the Board has performed similar funds transfers multiple times daily through the years, although they should not have. It's called a budgetary reclass moving budgeted funds from one legal entity to the other, or vice-versa. They have performed the same with the Reserves accounts--transferring moneys into and out of those accounts, treating our Reserves as a "piggy bank" to fund operations instead of exclusively for capital projects. All of this--hence, my lawsuit.
Wow! Did you listen to tonight's HOA Meeting recording? Find the youtube audio recording below. Skip to the end of the recording where Psycho Shah Smith names me during the meeting--talking shit about me and my HOA lawsuit, claiming the lawsuit has no merit. She failed to mention that I am also suing her and her husband, John Smith--The Realtors from Hell. Click here to view that lawsuit--the 42 pages of Exhibits/evidence is also available for your reading pleasure <click here>. She is a demented narcissist, and these two clowns are criminals.
And what are they suing me for? For telling other homeowners that she destroyed Autumn Lakes with her criminal and unethical behavior the 12+ years she served on the HOA Board. She accuses me of losing them realty business when people chose not to do business with them knowing how she and the Board had driven Autumn Lakes into the ground. Psycho ignored our community's loss of insurance for weeks, caused the loss of government programs so that realty transactions could only be conducted in cash, she put her clients in front of homeowners with condo repairs, and she neglected our HOA finances causing the HOA to now be nearly broke. She killed Autumn Lakes and is blaming me for calling her out in her role in that. Ever hear of Yelp? Guess they should all be sued too. Would YOU hire Psycho or her husband? Hell no! Oh yeah, they are both accusing me of causing her husband's widow-maker heart attack when the 80-year-old man had been carrying realty signage up and down the hot summer streets, and with him living with her and her nonsense on a daily basis. Yeah, it's all my fault she nearly killed Autumn Lakes and her husband. See them in court, bitches! We'll let the jury decide.
March 18, 2025
March 16, 2025
March 15, 2025
March 15, 2025
By Laura Fisher
Special Assessments, according to the Board, can only be made by ALA (the overarching HOA that “now” applies only to common grounds and amenities), so the last “explanation” of special assessments is that they cannot be made for new condo roofs or siding damage, etc.
Nor should there need to be any Special Assessment, because EVERY MONTH condo owners put $350-400 into “non common ground and amenities” services and upkeep, in other words condo maintenance and repairs, siding, roofs and all things condo-only!! — the other $71.50 EVERY Autumn Lakes house or condo owner pays each month goes for the common grounds & amenities services & upkeep (pool & clubhouse, lakes, sport courts, lawn care, trees, some insurance and RV lot).
So DO THE MATH — if $350-400 is paid monthly by 294 condo owners exclusively for building upkeep, water /sewer, CPM fees for property mgmt. & bookkeeping, and some insurance…..and we have a 3-year backlog of work orders according to Adam the CPM worker, AND virtually no repairs and no regular, rotating condo painting for 7 years….do our reserves match up to that picture??
Ask the Trustees for an INDEPENDENT AUDIT. What work did Smith Mgmt Group perform for 2 years if we have a 3-year backlog of work orders? What / how much have we actually spent on various categories of goods & services since 2019?
We were told we shouldn’t do an audit unless we can expect to recover the cost of the audit. While that’s a nice sentiment, IT IS NOT TRUE. We SHOULD pay for AN INDEPENDENT AUDIT in order to see how our money is being spent and to see what are discrepancies that account for the apparent difference in HOA dues paid for condo upkeep vs money in reserves vs repairs made (or not made!) to condos.
If a multi-year audit (prudent when we changed mgmt companies twice, so 3 companies having kept records in last 5 years) costs $10-$12,000, we have spent that amount or more on: 1) legal fees for indenture interpretation and revision prep work, which was not voted upon as large expenditures are required to be; 2) for overpayment of insurance by REFUSING to look at other known means of lowering insurance (Yes that happened — an alternate broker was standing by ready to move in for timely changes to yield cost savings and trustees refused to talk with him!!); and 3) refusing to PRIORITIZE needed expenditures such as building repair and maintenance vs defer expenditures that could have waited another year (asphalt sealing and lawn aeration / overseeding during a drought, to name a few); and 4) more examples!!
Wake up, Everyone!! Open your eyes and see how our money is being wasted; don’t just blindly believe what trustees tell you — demand proof and DEMAND CHANGE. There is only ONE LEGAL ENTITY, registered when Autumn Lakes was created, and it operated for over 30 years. The elections for Trustees held in 2024, massive changes to YOUR representation and who / how many people vote on spending condo HOA fees, were IMO either fraudulent or hugely erroneous — yet no one really bothered to speak up or challenge what we were all told. There ARE NOT 3 HOA organizations — there is ONLY ONE.
Should be interesting to see how things will evolve.
March 14, 2025
Let's focus our CPM contract labor on trash and stick pickups today, before the havoc of today's winds and tornados. NOT--stupid idea. There will be plenty of fresh trash and branches to pick-up again on Monday when the workers return to work next week. Our CPM contract workers are going to leave us for more money if/when there is high construction demand (e.g. post-tornado) and we'll be here with no contract labor for what really needs to be done--building maintenance, dammit. The tree branches are being hauled to our RV Lot where the winds are again going to toss them throughout the neighborhood. Prioritization and focus, people! Make better use of our CPM contract labor's time--get these guys onto our roofs with hammer and nails to reaffix all of our shingles with new nails-- building by building--until all buildings are completed. Be proactive, rather than waiting for shingles to fall, and repairing each shingle one-by-one by an expensive contract roofer. Let our CPM guys do it. And get some high school students to pick-up sticks and trash--they need student project hours anyway. Geez Board, get with it! You were elected to deal with shit like this! What do you do for us in your elected position? Certainly not design an Emergency Response Plan for our community. You idiots will be the first to vacate the community in a time of crisis, leaving the rest of us behind to fend for ourselves. Nice job. I'll be praying for us all.
March 13, 2025
Why must we continue to dump toxins into our lakes? Some people do eat these fish. Some people do pick-up trash from the water at the shoreline and spillway. This poison kills the plants that prevent erosion. Why do we do this year after year? We also cannot afford it. Just STOP already! Idiot Board members.
March 12, 2025
This sign has been laying here for weeks. Does our Board inspect our community?
March 4, 2025
Look at these 2025 condo budgeted costs below. Same amounts as condo budgeted dues that get collected during 2025 (all dues get spent or added to Reserves). Look how little we invest in our building maintenance/repairs. Pathetic! No wonder our buildings are falling apart.
February 12, 2025
Interesting that this "House Removal from HOA" topic missed our Gazette published yesterday, when the meeting was held last week with House owners (condo owners uninvited). Censorship, lack of Board transparency, discrimination against our condo owners. This Board must go!
February 2, 2025
Here is the link to my lawsuit against our demented psycho former HOA President and her husband:
https://drive.google.com/file/d/1gORKO17vlWOtFUQ38ch-8CUI81W_MGkw/view?usp=sharing
_________________________________
Questions that Psycho must answer:
1. Explain the circumstances where you mailed or delivered realty marketing literature to any Autumn Lakes condo or house owner who had not explicitly requested the literature?
2. Explain the circumstances when you ignored requests by Autumn Lakes owners, residents, and/or HOA Board Members, to remove your Indentures-violating realty marketing signage that is affixed to your vehicles parked in your condo driveway, parked in the street fronting your condo, or parked throughout the Autumn Lakes subdivision, and your ignoring the owner-assessed daily Fines for displaying these signs from HOA common areas?
3. Explain the circumstances when you and/or the HOA Board directed the Landscape Lead to remove Mr. Gavan's flowers and landscape ring from around the base of the front tree at his condo, despite numerous owners and residents (including the Landscape Lead) having flowers at the base of their trees, landscape dividers, lawn ornaments, signs, flagpoles, park benches, lawn furniture, also placed on HOA common ground?
4. Explain the circumstances when you and/or the HOA Board denied Mr. Gavan's 10-Day Demand Letter to the HOA Board requesting a copy of the pool/clubhouse surveillance video of him being harassed by the HOA Board’s Social Committee Lead, following discussions of the disturbance with the police who had received his complaint?
5. Explain the circumstances when you and/or your designee called the police on Mr. Gavan numerous times simply for attending HOA meetings and for picketing throughout Autumn Lakes, disregarding Judge Green’s explicit instructions conveyed in multiple hearings that both activities are allowed by law and outside of the court's jurisdiction?
6. Explain the circumstances when you and/or the HOA Board extended a 50-foot rope from your chair (placed at the HOA Board Table for an HOA meeting), across each row of owner/resident chairs, to the rear of the meeting room, around the corner, out the front door, down the steps, and into the parking lot. The other end of the 50-foot rope tied to Mr. Gavan's chair in the parking lot with an affixed sign displaying his personal information unrelated to the meeting, and with a copy of that sign affixed to the Clubhouse meeting room door for all arriving members to read his personal information?
7. Explain the circumstances when you and/or the HOA Board defamed Mr. Gavan by communicating in multiple HOA meetings that he stole a confidential HOA membership email distribution list and that he stole a set of unpublished financial statements while serving on the HOA Board?
8. Explain the circumstances when, on July 26, 2023, at an owners and HOA Board meeting that you denied claims that you and/or your husband had transacted condos in Autumn Lakes in an inappropriate "Dual Agency" manner?
9. Explain the circumstances where you scheduled Autumn Lakes condo building repairs or maintenance for your or your husband’s prospective or actual client, where you committed to anyone that the work would be completed prior to the realty transaction Closing?
10. Explain the circumstances where you stalked, harassed, intimidated, and/or retaliated against any Autumn Lakes owner/resident, or against anyone in any way associated with Autumn Lakes, to obtain a realty client, to further a realty transaction, or for any HOA cause or initiative?
11. Explain the circumstances where you and/or your husband named and/or defamed Mr. Gavan on social media or in HOA meetings, or called him a liar or stated that everything he says is a lie, or conveyed that he is a danger to the community?
12. Explain the circumstances where you and/or the HOA Board made the decision that Mr. Gavan's repair request would not proceed (i.e. treated as rejected or closed) because it was not an HOA responsibility, resulting in him having to perform the repair at his own time and cost?
13. Explain the circumstances where you and/or the HOA Board made the decision that Mr. Gavan's hazardous-condition work request would not be addressed until a later date (i.e. treated as postponed or deferred) despite other condos receiving the same or similar repair/maintenance subsequent to his work request, resulting in him having to perform the repair at his own time and cost?
14. Explain the circumstances where you or the HOA Board instructed the Insurance Broker, the HOA Lawyer, and/or the property management company, and/or any other service provider, to not interact with Mr. Gavan, and for the HOA Board’s establishing of 3 new Board Member ethics policies imposing a $50 fine assessed to Mr. Gavan for any instances of his interacting with these parties.
15. Explain the circumstances where you knowingly allowed condo owners/ residents who were also HOA committee members and/or realty business colleagues, to grow, sell, or transact, their homegrown fruits, vegetables, plants, and/or marijuana, from their Autumn Lakes condo, porch, driveway, while also allowing these owners/residents to utilize water that is billed to the HOA and paid from owners’ monthly dues?
16. Explain the circumstances where you and/or the HOA Board filed a storm insurance claim that was denied because the damage was deemed wear-and-tear and/or caused by older storms in which no claim had been filed at that time, also resulting in the insurance agent warning that they would only renew the HOA policy for the subsequent year if you and the HOA Board agreed to never submit another fraudulent claim?
17. Explain the circumstances where you Closed on a realty transaction and then later failed to complete the agreed-upon or contracted repairs or maintenance?
18. Explain the cause and/or diagnosis for your declining mental cognition impacting your memory and resulting in the need for you to hang notes around your home as reminders to accomplish tasks, and other actions taken in response to this cognitive condition?
19. Explain the circumstances where you and/or the HOA Board banned Mr. Gavan from a Zoom virtual meeting session requiring him to physically visit the Clubhouse to attend the meeting in person?
20. Explain the circumstances where you and/or the HOA Board modified the customary Board election process of May 2024 without notifying members until their arrival to the election meeting, impacting the process for accepting and counting ballots, and resulting in the perception of an unfair election?
21. Explain the circumstances where you and/or the HOA Board chose to govern Autumn Lakes (i.e. assess Warnings or Fines, make HOA decisions) without adhering to the current version of governing documents filed at the courthouse (i.e. disregarding the current Indentures and Bylaws)?
22. Explain the circumstances where you and/or the HOA Board issued a Fine Warning to Mr. Gavan for displaying signs on the common grounds facing his condo, while you and your husband were displaying signs on your vehicles that were parked on common ground driveways and driven/parked throughout the Autumn Lakes community?
23. Explain the circumstances where you and/or the HOA Board conveyed to owners and residents in meetings that they cannot not walk their dogs on leashes that extend onto condo common grounds, cannot place lawn furniture on their condo driveways, cannot use grills on their condo decks, cannot not use woodburning fireplaces in their condo, when none of these restrictions are specified in the current Indentures or Bylaws filed at the courthouse?
24. Explain the circumstances where you and/or the HOA Board conveyed in multiple meetings that Autumn Lakes has never been in a worse condition than it is today (i.e. during 2024)
25. Explain the circumstances where you and/or the HOA Board have denied or ignored (or Closed) repair requests submitted by owners or residents who were elderly or of an ethnic minority, or who and/or the Board simply disliked, resulting in the individual resolving the problem themselves or choosing to sell their Autumn Lakes property due to being neglected/violated?
January 29, 2025
I updated the document referenced below to include Questions that I have for our Board Members--scroll to the bottom of the document located at:
https://www.autumnlakesuncensored.com/sitepad-data/uploads/2025/01/AutumnLakes_Violoations.pdf
January 27, 2025
Here is a summary of my lawsuit against the HOA Board. The lawyers will take it from here. 2 links below to the same document. F*ck this Board!
https://www.autumnlakesuncensored.com/sitepad-data/uploads/2025/01/AutumnLakes_Violoations.pdf
January 15, 2025
You may review the audio recording from tonight's HOA Meeting at the link below.
January 13, 2024
Next Association Board Meeting is Wednesday at 7 pm, Clubhouse and via Zoom link:
https://zoom.us/j/95775718739?pwd=AxQ8drU2mNOepeFRqryjgEG27xt3fx.1
Passcode 181150
January 11, 2025
January 8, 2025
January 5, 2024
RV Lot mosquito-buckets, still there since last spring or longer. Disgusting health hazard.
December 30, 2024
The Board seems to have completely stopped enforcing our governing documents regarding signage and placing of items within 10-feet of buildings on common ground. Actually, the Board is a primary violator by placing illegal signage in our own yards. Just a sampling from this afternoon, with many more out there today for your viewing pleasure. This Board is imminently being sued for discrimination and for violating their fiduciary duty to follow our governing documents. FACT.
December 29, 2024
December 28, 2024
December 27, 2024
<<< seeking your evidence, asap >>>
December 26, 2024
December 8, 2024, 11:54am
December 4, 2024
Good afternoon, Autumn Lakes friends and neighbors!
Just a brief update on HOA and my/other legal matters that possibly are of interest to you as an HOA homeowner.
1. On Monday, several of us attended an Ethics Hearing at the St. Louis Association of Realtors (SLAR). The Hearing was between a demented former Realtor-Board Member that most of us disrespect, against a Realtor-homeowner that most of us love and respect for helping to improve our community. I am confident that the SLAR Ethics Committee will deliberate and ultimately find that our friend committed no ethics violations by speaking the truth about Psycho's "conflict of interest" business practices. Ample evidence and testimony was presented that Psycho is just that, sick in the head. Liar liar pants on fire....
2. Later this month I will be defending myself in a jury trial in Clayton. Psycho and her attorney have claimed on the court record (i.e. perjury) that I removed my penis from my pants on numerous occasions and waved it at her. She claims that due to her prior experience having been raped that my dick-waving has triggered PTSD or some shit. She has taken photos of me sitting in my driveway with the dog, and on other occasions picketing amongst the community, but she has never taken a photo of the supposed multiple times of my penis-waving, and her husband has never witnessed this, and no neighbors have witnessed this, and she has no other evidence. And she claims the latest time that I waved my johnson at her was at the corner of ATD and ASD at 3:30pm on a sunny Friday. Didn't bother to call the police for 5 hours that evening, nor all of the other alleged times that I waved myself in her direction did she ever call the police. No evidence--at a busy intersection, where I was walking my dog and she blocked our path with her car, stopping to gawk and take a photo of us. But no photo exists. She was harassing ME. I will be asking her on the stand at the trial to describe my penis to the jury. Oh yeah, and Mr. Psycho is claiming I yelled at him causing stress resulting in his heart attack--I caused his 3-artery complete blockage and his consequent widow-maker condition. Let's not forget that he's 80 or some years old and has been eating her shitty cooking and the other vices he is into. He'll be on the stand in court responding to my questions about my alleged yelling at him from my own yard from across the street that he is a "pussy-man" for having his wife fight his battles for him and that he should standup to her and her BS. She reported me to the police for this. Those police officers will also be subpoenaed to court to shed more light on history, quantity of calls by them on me, testimony of witnessing her dementia, etc. It should be quite interesting. Do attend.
3. In August 2025 will be my Defamation lawsuit--Psycho claims I have lied about her conflicts of interest in being a Board Member and a Realtor transacting on condos in the same community where she serves on the Board. And, that I lost them realtor business for the honest statements that I allegedly have made to HOA homeowners. Oh yeah, and that I caused Mr. Psycho's heart attack by my bickering with his wife. So very much evidence that I continue to accumulate against these fools. I have already been in court twice with her attorney and the judge on this matter--I filed a Motion for Psych Eval (for Psycho), a Motion to Dismiss, and a Motion for Summary Judgment. The judge rejected the Motions and said that he'll leave it to the jury to weigh the ample evidence. The Motions are publicly available with the court--contact me if you'd like a copy to review. I plan to hire an attorney to argue this case and fully expect to be awarded attorney fees based upon the evidence and the waste of my and the court's time by the Psychos with this bogus lawsuit. And importantly, this is a lawsuit between 2 HOA Board Members regarding HOA business and my whistleblowing on the HOA actions and crimes by the HOA Board against the HOA constituency. This matter is entirely HOA business. And this current Board refuses to provide me HOA legal representation despite the HOA nature of this lawsuit. The HOA Board has HOA Professional Insurance for this purpose, but they choose to not provide me this important resource that my monthly dues are paying for. HOA Discrimination and Breach of Professional Duty, and they will be sued for both.
4. If you recall, Psycho was successful in getting an Order of Protection against me in January 2023. There were 2 reasons that Order was granted. (1) I seized her vehicle marketing magnet signs because they were not allowed per Autumn Lakes governing documents and she had refused to pay her HOA fines that the HOA membership requested in writing to the HOA Board be imposed, and (2) my social media joke that the Board hired an Attorney and Insurance Broker to break the news to our HOA homeowners about our insurance cost increases, loss of deckgrills and fireplace usage, so that the Board themselves wouldn't have to communicate this news at the HOA Meeting "and get lynched by the angry mob". This theft and violence statement were sufficient for the judge to grant the Order for her physical protection from me. This Order will expire in December 2025. I can still attend HOA meetings and other events as long as I sit on the opposite side of the room from Psycho. The intent of her seeking this Order was to attempt to keep me out of HOA Meetings where I could further disclose to HOA homeowners the Board's HOA misdeeds. She seems to also have some irrational fear that I am going to rape or kill her. She has dementia and needs to seek professional help for her delusions and irrational/obsessive feelings about me.
5. I continue to gather evidence for my lawsuit against the HOA Board. I am also suing 6 individually-named Board Members that were on the Board at that time. Once I complete cataloguing my extensive archive of evidence then my attorneys will be filing the lawsuit in St Louis County Court against the Board and named Board Members. I am targeting yearend to complete my cataloguing. The primary goal of this lawsuit is to shine a spotlight on our community and to force resignation of all current Board Members and to ensure they and specific former Board Members can never serve again in any HOA capacity. My lawsuit will claim HOA Defamation, Libel, Harassment, Discrimination, Breach of Fiduciary Duty, and potentially more, as advised by my attorneys. I do not fear losing this case due to the ample evidence that I have collected from homeowners--thousands of pages of evidence: affidavits, documents, written experiences of HOA abuse, and more. I may not get awarded a huge financial settlement, but I fully expect that I will be awarded attorney fees, Board resignations, and other HOA imposed restrictions that will be included in the settlement. This will likely come at a cost to homeowners since HOA legal fees and any settlement will be paid from HOA Reserves, including any Professional Insurance deductible if the Board chooses to file an insurance claim to pay for costs associated with this lawsuit.
This is all that comes to mind at this time. I will continue to keep you posted. I fight this battle for you. Yes--I personally am most involved, but I am forcing change and improvements for all of us that live here. We have been abused by this Board for far too long and it must stop. Lawsuits are the only way to stop it. The police are powerless over HOA abuse of homeowners and any HOA-related business matters. Only the courts can address the HOA problems that we have.
Happy holidays!
Mark
November 20, 2024
Tonight's HOA Meeting at the Clubhouse 7pm
The zoom link is:
https://zoom.us/j/99595239380?pwd=9BbA454igrSDSuOJcoq8I6b5SRMdce.1
Passcode 118625
October 23, 2024
Condo recent buyers,
Check your Resale Certificate. Does it state "No Special Assessment is planned"? Mine does. If so, you may have recourse against the Board for the upcoming Special Assessment that was being planned for 2+ years. See below. This Board must be fired!
October 20, 2024
Autumn Lakes Fiscal House in Disarray
It's that time of year again. We get to learn from our shitty HOA Board how much more we must pay next year while receiving fewer and fewer services from them. We contribute more funds each year, but what have we lost? We've lost a bunch of trees, we've lost a bunch of fish, we've lost a bunch of growth from around the lakes with soil that has eroded into the lakes, we've lost usage of our deck grills and woodburning fireplaces, we've lost snow removal of our sidewalks, further deterioration of our pool and clubhouse and sports courts and our condo buildings/roofs/siding/gutters. We continue to spend and spend and spend, and we receive less and less each year despite paying more. Financial malpractice by our Board over many years. Our so-called Treasurer knows nothing about fiscal management. But we keep electing her--I guess we get what we deserve.
I've estimated the amount of our Special Assessment that gets declared next month. I've provided several assumptions with my calculations. I've considered the recommended Reserves levels per the $8000+ Reserves Study that we all paid for. Our Board doesn't pay for an expensive Reserves Study without knowing that they plan to recoup its cost by charging us a Special Assessment. We could not afford the Reserves Study otherwise. And the Reserves Study also provides them support for the amount they will be charging us since they themselves have lost all credibility with homeowners, and also support for charging house owners more since they have been underpaying through the years towards upkeep of amenities.
Our Board cannot impose too many Special Assessments since that hurts us in marketplace by showing that our Board sucks at performing their fiduciary responsibilities. It would hurt Autumn Lakes reputation with realtors and homebuyers in the marketplace. Since Special Assessments are to rarely occur, our Board will make our Special Assessment huge since the next one won't be for another 15 or so years. Our Board cannot charge us any higher monthly dues since we're already at about $400 monthly which is pricing us out of the market. Why would buyers want to pay that much for Autumn Lakes just for access to a pool and our decrepit sports courts? Our HOA Dues cannot go any higher without impacting condo sales prices--people will stop buying here since our HOA Dues are too high for what they get. Old stuff that is falling apart is not worth $400 monthly.
Our Board failed to charge appropriate HOA Dues for much of the past 20 years, so our shitty Board chooses now as the time to replenish our Reserves to the recommended levels per the Reserves Study. Our long-term homeowners got to enjoy their low monthly dues for all those years, and now is the time for everyone that remains (and anyone that just bought here) to pay the piper. 20 years of financial mismanagement and fiscal malfeasance comes to roost in 2025.
Here are my estimates for 2025. We'll learn at the November HOA Meeting how much the Board will actually be dinging us. Based upon the recommended levels per the Reserves Study and our current Reserves Balances, I believe we can expect a $3.1 million Special Assessment charged to homeowners impacting us as follows:
* No increase in 2025 HOA monthly dues payments (current Reserves contributions get reassigned to 2025 operating expenses)
* Special Assessment of $10,557 to each condo due immediately or financed over 5 years
* Special Assessment of $1,560 to each house owner due immediately
Grab your checkbooks, folks. It's all over but the crying...
Enjoy your weekend,
Mark
October 13, 2024
Drafting of the lawsuit filing is in progress. Filing is targeted for November before the holidays. Defendants will then have 30 days to respond. That response will be due before yearend. The legal gears are turning.
The Board ignoring their fiduciary duties and disregarding our governing documents costs us all. We will be paying their enormous defense legal fees with our HOA Monthly Dues and our upcoming Special Assessment. WE are paying for the Board's misdeeds and incompetence. We all lose, except for our demented psychotic sociopath of a former HOA President who is making a killing in sales commissions from each of her Autumn Lakes realty clients that are wise enough to escape this godforsaken neighborhood before the Special Assessment is declared and before our assets deteriorate any further. Psycho wins! WE all lose.
---------------------------------
INTRODUCTION
1.
Plaintiff Mark E. Gavan (“Mr. Gavan”) has been a
home owner since August 31, 2022, in the Autumn Lakes Subdivision located in
Maryland Heights (“Autumn Lakes”) in the State of Missouri.
2.
Defendant Autumn Lakes Condominiums (“ALC”) is
the legal entity that owns the condominium buildings and common ground of the
Autumn Lakes Subdivision. Defendant Autumn Lakes Association (“ALA”) is the
legal entity that owns the amenities of Autumn Lakes Subdivision, such as the
clubhouse, swimming pool, sports courts, water retention lakes.
3. Defendants Charlotte E. Smith (“Mrs Smith”), Laura Farkas (“Ms. Farkas”), Madonna Esposito (“Mrs. Esposito”), Retta Morcom (“Mrs. Morcom”), Melvin Rhomberg (“Mr. Rhomberg”), and Pamela Bell (“Mrs. Bell”), are current or former Autumn Lakes Condominiums/Association Board Members (“HOA Board”) having fiduciary duties to the homeowners' association and its members, in particular the Duty of Loyalty: Acting in good faith and prioritizing the best interests of the association over personal interests, the Duty of Care: Making informed and careful decisions, ensuring they are well-considered and in the association's best interest, and the Duty to Act Within the Scope of Authority: Operating within the limits of the authority granted by the association's governing documents and laws. These responsibilities ensure that board members act responsibly, transparently, and fairly, maintaining the trust and well-being of the community.
4.
The HOA Board faces repeated accusations of
breach of fiduciary duty, discrimination, and harassment, with conflicts of
interest, financial mismanagement, property neglect, biased rule enforcement,
and insurance fraud among the grievances. Personal disputes have escalated to
legal actions, and efforts to address these issues have led to proposed HOA
changes.
5.
Homeowners are extremely dissatisfied with
numerous board ethics violations, fraudulent activities, and poor
decision-making by the board. Key issues include a fraudulent storm roofing
insurance claim, unethical work order approvals, social media conflicts,
discrimination and harassment of home owners. A 51% home owner petition for
change was ignored, issues like neglected snow removal and financial
incompetence, leading to biased treatment and harassment allegations.
6.
Overall, there's a troubling picture of board
mismanagement and negligence. Complaints include discrimination, lack of
transparency, and financial mismanagement, leading to unresolved property
issues and loss of homeowner trust. Unethical behavior, such as the President's
conflict of interest and harassment claims, contribute to community
dissatisfaction. Efforts to oust the board have been unsuccessful, harming the
HOA community's interests.
Class Action Lawsuit Status
9/24
1. Initial feedback is that homeowners definitely want an all-new Board that will represent their interests rather than ignoring them and fighting them on every single thing. The Board is out of touch with the community and simply do not listen to what they want. Homeowners cannot, and do not, want to pay any additional dues in 2025 nor any Special Assessment when they feel their money has been mismanaged the past 20 years or longer. Further raising their dues in 2025 for the quality/quantity of the amenities and repairs they receive is wasteful and will drive away buyers, and also encourage existing homeowners to sell. Elderly and others with fixed incomes feel trapped because they can't afford to moveout and they can't afford to pay any more. Asking homeowners to pay any additional is just not do-able.
2. Homeowners don't want to pay any legal fees for a lawsuit. They feel they have already paid enough.
3. Several homeowners are taking the 1000+ page evidence file to the County Prosecutor's Office. They feel we can get the same or better results via the Prosecuting Attorney. Many of the Board's violations are criminal offenses so let the authorities deal with them.
4. The lawsuit can run in parallel with the Prosecutor's investigation, with each effort's findings used to support the other effort. I will proceed with collecting names of homeowners interested in the class action lawsuit since several have expressed that they have been contemplating their own lawsuit against the Board, with this collective effort being more affordable and the sharing of evidence making for a stronger case than proceeding on their own. Strength in numbers. I may draft and file the lawsuit myself to get the ball rolling.
September 24, 2024
Class Action Lawsuit? Hello Autumn Lakes Homeowners,
Many of you have expressed frustrations regarding the Board Election process/results, the 28% dues increase, the May misinterpretation of our 45 year old Indentures resulting in Board composition changes, the upcoming Indentures Modification Project, the upcoming Special Assessment that we must all pay, the 2025 planned increase in monthly dues, the Board's ignoring of the Communications Forum Recommendations, tree removals with none being planted as replacements, poisoning of our lakes, overspending on fertilizer/poison/seed/preemergent, no repairs to your siding/gutters/roofs/paint, the favoritism and bias and discrimination by the Board, not being "heard" by the Board, and everything else. Plenty that is upsetting us all.
Some of you have asked what are we going to do about it? The only thing we can do is hire an attorney to file a lawsuit against the Board. Some of you have also asked about a Class Action Lawsuit where we join together to fight the Board in court. For a Class Action Lawsuit, we determine who wants to join-in and those individuals contribute toward the legal fees. If the case is settled before trial, or we win in trial, then we equally split the money that gets awarded. If we lose, or if the judge says we win but we are awarded only $1 (we win out of principle alone), then we are awarded nothing and there is no reimbursement for our legal fees. However, in any event, the Board would likely be asked or forced to resign once their catalog of misdeeds become known throughout the community. Surely our case will be closely followed by the news media.
You ask how do we make this happen? I have already prepared our case file consisting of over 1000 pages of catalogued evidence. Some evidence pertains to the Board getting me arrested without cause, others pertain to the bias/discrimination of some or all of us by the Board, some pertains to conflicts of interest by our former Realtor/President, and lots pertain to the Board's misdeeds through the years including property neglect and financial malpractice. Breach of Board fiduciary duty by not following governing documents. Other illegalities.
I have already spoken with and selected an experienced attorney in this legal area. I have delivered the 1000+ page evidence file and it is under review. I have paid him nothing. He estimates about $20,000 in legal fees, but it could be more or less.
What I now need to know is who is willing to join me in this Class Action Lawsuit? Everyone will be deemed equal in the lawsuit. Nobody has higher or lower standing than me--we all have an equal interest in the case outcome and any settlement or award. We all would contribute equally towards the estimated $20,000 legal fund.
What do I ask of you? That you promptly send me your name and address expressing your desire or interest (or "intent") to join me in the Class Action Lawsuit. Once I know how many people are willing to join us then we can divide the $20,000 by that number of people to determine the amount of legal fees required per person. For example, if I get 50 people "intending" to join us then that's $400 per person, which is $20,000 divided by 50. If we get 100 people "intending" to join then that's $200 per person ($20000 divided by 100). The more people, the less per person.
What would you be expected to do? Nothing--just pay your share of the legal fees and then wait for the outcome. What if you would like to participate somehow more? You could share additional evidence to the attorney, you can attend any legal hearings and the trial, you can help to recruit other people to join the Class Action Lawsuit, you could spread the word within Autumn Lakes. Again, you may choose to do nothing but wait for the outcome of the case. Again, the evidence has already been gathered, the attorney is reviewing the evidence, and I'm now looking for enough people expressing an "intent" to get the legal fee allocation to the lowest amount per person. Most certainly you may review the evidence file but I cannot distribute it to everyone at the attorney's request that we hold it close. Let's meet for coffee and review the file together.
What if we can't get enough people to join us to share the legal cost? Then those of us who have expressed interest ("intent") will meet to decide how to proceed, whether some individuals may then choose to dropout, or whether we all dropout and I convey to the attorney to stand-down. I have already given this lawsuit considerable thought and I am not personally interested in going it alone. These are community issues and I need the community to fight along with me. I do know that the Board is insured for $1,000,000 for lawsuits such as this.
Please reply with any questions or to express your "desire, intent" to join the Class Action Suit. I ask that everyone respond with your "intent" by October 4th so that we can then determine the legal fees per person to proceed. We can also then plan to huddle to discuss next steps being the small group of us having expressed the "intent" to proceed. Please keep an eye on my Daily Blog where I will also be posting this letter and any status updates at: https://www.autumnlakesuncensored.com/blog/daily-blog-by-mark
Thanks in advance, and please keep the October 4th deadline in mind.
Best regards,
Mark Gavan
September 15, 2024
This letter was also sent to CPM property management, our HOA law firm, and our HOA insurance firm. We all pay for HOA mismanagement.
Motion for Summary Judgement <link>
Defense Evidence <link>
Email of 12/5/23: Psycho Shaw's Misdeeds, Reported to the MO Real Estate Commission (MREC)
September 7, 2024
LET'S PLAY COUNT THE LIES
by Shah Smith
State of Missouri
County of St. Louis
AFFIDAVIT
Before me, the undersigned notary, on this 6th day of September, 2024, personally appeared Charlotte Smith, known to me to be a credible person and of lawful age, who being by me first duly sworn, on her oath, deposes and states:
1. In my lawsuit for defamation against Defendant Mark E. Gavan (Cause No. 24SLCCOII 68), I do not claim that I used or in the past used my position of influence on the Autumn Lakes Homeowners' Association Board to direct and control repair and maintenance requests to benefit my real estate clients.
2. In my lawsuit for defamation against Defendant Mark E. Gavan (Cause No. 24SLCCO 1 1 68), I do not claim to engage or have engaged in the practice of steering, as well as evidence of allegations of ethnic and age discriminations.
3. In my lawsuit for defamation against Defendant Mark E. Gavan (Cause No. 24SLCCOI 168), I do not claim that I placed my personal monetary gain and motives ahead of other owners in Autumn Lakes Subdivision.
4. In my lawsuit for defamation against Defendant Mark E. Gavan (Cause No. 24SLCCOI 168), I do not claim that I used or in the past used my position of influence on the Autumn Lakes Homeowners' Association Board to gain "inside information to solicit Autumn Lakes realty clients," submit work orders for my clients, convert work order requests into "approved work orders" for immediate repair to my clients' properties ahead of other property owners in line for repail; and collect a commission for higher home sale prices as a result of the approval of such work orders.
5. In my lawsuit for defamation against Defendant Mark E. Gavan (Cause No. 24SLCCOI 168), I do not claim that I am or at any time was paid by Smith Management Group or received or at any time received a monthly management fee from Smith Management Group.
6. In my lawsuit for defamation against Defendant Mark E. Gavan (Cause No. 24SLCCOI 168), I do not claim that if a seller of a home in Autumn Lakes Subdivision hires me to sell their home that it would cost such owner at least $10,000 in reduced sales proceeds.
7. In my lawsuit for defamation against Defendant Mark E. Gavan (Cause No. 24SLCCOI 168), I do not claim that I have dementia, am cognitively impair, or experience some type of cognitive decline.
8. I did not use my position on the Autumn Lakes Homeowners' Association Board to acquire clients for my realty business.
9. My position on the Autumn Lakes Homeowners' Association Board did not pose a conflict of interest with relation to my real estate business.
10. I did not use my position on the Autumn Lakes Homeowners' Association Board to submit and approve work requests for my real estate clients.
11. I did not violate any Autumn Lakes Indentures.
12. I did not violate any Board of Ethics Agreements for the Missouri Real Estate
Commission.
13. I have never expressed or exhibited racial bias against anyone.
14. I have not exhibited or expressed racial bias against members of the Asian
American community.
15. I never denied pool access to Jeff Yin or his family members.
16. Smith Management Group primarily controlled work orders placed by residents in Autumn Lakes Subdivision.
17. I did not deny a work order for an Asian American family with black mold in their home.
18. I have not denied work orders for residents resulting in them having allergy, health, and lung issues.
19. I did not require a disabled gentleman to walk to McKelvey road because his work vehicle was not allowed to be parked near his home.
20. I did not ignore or deny a work order for a retaining wall collapse that occurred to a 95 year-old woman in the neighborhood for a year.
21. I did not ignore the fact that the same 95 year-old woman had tree limbs fall in her yard.
22. I did not prevent any person, including Kristian Williams and her deceased husband from having bricks replaced.
23. I did not prevent anyone from receiving repairs to siding or chimneys.
24. I do not have any bias against the elderly.
25. I have not exhibited or expressed any bias against the elderly.
26. I do not have any bias against any person or any age.
27. I did not single-handedly refuse to replace a basketball net in Autumn Lakes
Subdivision community member.
28. I did not and do not exhibit or express any racial bias against Black people.
29. I did not and have not refused to replace netting on a basketball hoop out of the perception that I did not want Black children playing on Autumn Lakes' basketball courts because such play by Black children would affect or impact my condo sales for real estate clients.
30. In my position as President of the Autumn Lakes Homeowners' Association Board, I did not refuse to proceed with the installation of ramps in the community's clubhouse.
31. With regard to any ramp installation in the Autumn Lakes Subdivision clubhouse, I made mention that the installations must be made up to code and appropriately.
32. In my position as President of the Autumn Lakes Homeowners' Association Board, I did not make inappropriate decisions based on racial bias, agism, sexism, ableism, or any other discriminatory behavior.
33. In my position as President of the Autumn Lakes Homeowners' Association Board, I did not use my position to acquire new realty clients.
34. In my position as President of the Autumn Lakes Homeowners' Association Board, I did not pose a conflict of interest in that position and my position as a realtor.
35. In my position as President of the Autumn Lakes Homeowners' Association Board, I did not submit or approve work requests for my clients ahead of other homeowners' in Autumn Lakes Subdivision.
36. In my position as President of the Autumn Lakes Homeowners' Association Board, I did not violate any of the Autumn Lakes Indentures.
37. In my position as President of the Autumn Lakes Homeowners' Association Board, I did not violate any Board of Ethics Agreements with the Missouri Real Estate Commission.
38. I am unaware of any monthly fee being paid for management of the Autumn Lakes
Homeowner' Association website.
39. I did not hide any disclosures legally required of me to my real estate clients.
40. I did not hide any special assessments that would be required to be paid by my real estate clients after buying a home in Autumn Lakes Subdivision.
41. I have always been transparent with my clients.
42. I do not suffer from dementia.
43. I have not been diagnosed as having dementia.
44. I do not suffer from a cognitive deficiency impacting my memory, ability to perform reasoning, or my ability to exercise sound judgment,
45. I do not confuse people, places, things, times, or events due to dementia or any other cognitive impairment.
46. If I ever called someone by another name, such a mistake is just that, a mistake; it is not the result of dementia or cognitive deficiency.
47. I have not confused where the lakes within Autumn Lakes Subdivision are situated
48. I am unaware if my friends within my church and congregation believe that I have a cognitive condition that is declining at an accelerating pace.
49. My husband, John Smith, did not for ask me to retire from the Autumn Lakes Homeowners' Association Board due to my declining health.
50. I am unaware of other members of the community discussing my mental cognition, other than the statements made by Mark Gavan and others whom he has cited within exhibits pertaining to the underlying lawsuit.
51. I am unaware as to why Smith Management Group, if the allegations made by
Defendant are believed to be true, did not repair siding, roofs, gutters, tuckpointing, or any other maintenance requests as I had no control or involvement with such repairs and Smith Management
Group.
52. I am not an owner in Smith Management Group.
53. I do not control the business and affairs of Smith Management Group.
54. I am not affiliated with Smith Management Group in any way except tangentially as they were the propelty management company for Autumn Lakes Subdivision during my service as President of the Autumn Lakes Homeowners' Association.
55. I am a realtor.
56. I did serve as President of the Autumn Lakes Homeowners' Association Board.
57. I have sold and listed homes in Autumn Lakes Subdivision while serving as President of the Autumn Lakes Homeowners' Association Board.
58. I cannot recall any times during a meeting of the Autumn Lakes Homeowners' Association Board where I admitted to not applying HOA rules to all homeowners.
59. There is nothing unethical about me serving as President of the Autumn Lakes Homeowners' Association Board and listing and selling homes in Autumn Lakes Subdivision.
60. I have not admitted to approving repair work orders in my capacity as President of the Autumn Lakes Homeowners' Association Board for real estate clients that I represented.
61. The President of the Autumn Lakes Homeowners' Association Board is not solely in control of all repairs and maintenance decisions.
62. The Autumn Lakes Homeowners' Association Board determines the budget for the Autumn Lakes Homeowners' Association.
63. To my knowledge, the selection of Smith Management Group was a collaborate decision by members of the Autumn Lakes Homeowners' Association Board.
64. While the President of the Autumn Lakes Homeowners' Association Board makes decisions with respect to parliamentary decisions and voting on certain matters, decisions are made by the Autumn Lakes Homeowners' Association Board and not solely by the President.
65. Fulfilling work orders for maintenance repairs is subject to the purview of Smith Management Group.
66. I did not state in meeting of the Autumn Lakes Homeowners' Association Board that the Board has not consistently applied HOA rules to all homeowners.
67. I did not state that I and other members of the Autumn Lakes Homeowners' Association Board do not always follow Autumn Lakes Indentures and Bylaws.
68. I have not and did not violate any ethics rules published by the Missouri Real Estate
Commission.
69. I have not violated HOA ethics policies.
70. I have not approved repair work orders for homeowners that I represented as a realtor in Autumn Lakes Subdivision.
71. I did not use my position as President of the Autumn Lakes Homeowners'
Association Board for personal financial gain.
72. I never violated any HOA governing documents or ethics policies.
73. As President of the Board, I never prevented Mark Gavan or others from speaking to Smith Management Group.
74. I have never had fines assessed against me.
75. It is not improper for me to have real estate signs on my car under the Autumn
Lakes Subdivision Indentures.
76. I did not refuse to provide HOA financials to Mark Gavan while he was on the Autumn Lakes Homeowners' Association Board during his service on the Board.
77. I did not control the proceedings or outcome of any property management search committee in 2023.
78. I disagree with any characterization against me that I am a "narcissistic controlfreak" who "must be in control of evewthing within the HOA."
79. The HOA Board does not receive and has never received fees for managing the website Town Square.
80. I have no control over Resale Certificates provided to new condo owners.
81. Smith Management Group issues Resale Certificates, not me or the Autumn Lakes
Homeowners' Association Board.
82. I have never fraudulently omitted any disclosures on Resale Cenificatesu
83. I have never committed a fraudulent disclosure.
84. I have followed the Full Order of Protection that I have against Mark Gavan.
85. I have not directed the freezing of any homeowner repairs.
86. I have never moved clients to the front of the line for repairs prior to closing.
87. I did not direct chemical treatment to storm sewers in Autumn Lakes Subdivision, and, to my knowledge, there has been no chemical treatment to storm sewers.
88. I did not direct the use of chemicals in the lakes of Autumn Lakes Subdivision which would create a smell, kill any frogs or fish, cause the shoreline grass to turn brown or die, to force geese to vacate the lake, or make any lakes toxic.
89. I am not a cheater.
90. I have never abused the legal system.
91. I have never engaged in the practice of steering.
92. I have never received or been involved in any bribes, kickbacks, or collusion.
93. In my time as President of the Autumn Lakes Homeowners' Association Board, I did not commit any crimes in any capacity.
94. I have been harmed as a result of Mark Gavan's defamatory remarks and statements made about me.
95. Prior to the remarks and statements by Mark Gavan, my husband John and I were listing agents for up to 60% of sellers in Autumn Lakes Subdivision annually.
96, During the period of time noted in the Petition, and as soon as Mark Gavan began to picket our listings, we did not receive calls from any owners in Autumn Lakes Subdivision to sell their home for the remainder of 2023.
97. On one occasion for a home that we listed in Autumn Lakes Subdivision, the buyer's agent indicated that his buyers were going to make an offer the following day. When the potential buyers were leaving the home, I saw Mark Gavan waive them down for a conversation as he was picketing outside of the home that we listed. When the prospective buyer's left, I spoke with their agent. Their agent relayed to me that the prospective buyers were not going to buy the home because, as was told to me, they said, "We do not want to be on TV."
98. I do not know precisely what Mark Gavan told these prospective buyers, but whatever he told them caused them not to make an offer the home that I was listing agent on.
99. I have also been reputationally harmed as a result of the defamatory statements made by Mark Gavan.
100, Members of the Maryland Heights community, and current and past clients have asked me about the statements made against me by Mark Gavan, exposing Ine to ridicule and public scrutiny.
101. Discovery is still ongoing in Cause No. 24SL-01168.
CHARLOTTE SMITH
3134 Autumn Trace Drive
Maryland Heights, Missouri 63043
Subscribed and sworn to before me, this 6th day of September, 2024.
My Commission Expires:
KOLBY K PASCOE
Notary Public - Notary Seal
St Louis County - State of Missouri
Commission Number 20407604
My Commission Expires Dec 4, 2027
AND MORE LIES
by John Smith
State of Missouri
County of St. Louis
AFFIDAVIT
Before me, the undersigned notary, on this 6th day of September, 2024, personally appeared John Smith, known to me to be a credible person and of lawful age, who being by me first duly sworn, on her oath, deposes and states:
1. I am married to Charlotte Smith.
2. Charlotte Smith and I work as realtors together.
3. Charlotte Smith has never been diagnosed with dementia.
4. Charlotte Smith does not suffer from cognitive decline.
5. Charlotte Smith has never exhibited racial bias, agism, sexism, ableism, or any other discriminatory behavior.
6. Charlotte Smith never profited off of her position as President of the Autumn Lakes Homeowners' Association Board.
7. I suffered a tremendous amount of stress as a result of the defamatory statements made against Charlotte Smith, my wife, by Mark Gavan.
8. I was unaware of any issues with my heart immediately prior to my heart attack.
9. I believe that the defamatory statement and remarks made by Mark Gavan about my wife, Charlotte Smith, caused harm to ourselves and to our business.
10. My doctors informed me that the stress resulting from the defamatory attacks against my wife, Charlotte Smith, likely contributed to my heart attack.
11 I suffered emotional distress as a result of Mark Gavan's defamatory statements and remarks about Charlotte Smith.
Subscribed and sworn to before me, this 6th day of September, 2024.
Notary Public
My Commission Expires:
KOLBY K PASCOE
Notary Public - Notary Seal
St Louis County - State of Missouri
Commission Number
My Commission Expires Dec 4, 2027
September 7, 2024
by Jerris Collins-Ruth
Here are the corrections that need to be on your insurance policy, the current policy has numerous errors on it, as the policy comes up for Renewal Between 9/8 - 9/13. PLEASE email the following persons to get your personal copy of the new policy, immediately.
ldobyns@danielandhenry.com ruebsamj@danielandhenry.com
janet@cpmgateway.com autumnlakesboard@gmail.com
Here are the corrections that need to be on your policy, The current policy has numerous errors on it.
Upper righthand corner, small box, name of person who sent it and the current date.
Straight down from that at letters. A, B, C, D those should have the policy name holders on it. One for the Condos, One for the Amenities, One for Liability and One for Earthquake with their Naic Numbers on it.
Straight across on the left side, the big box should have CPM AND THEIR ADDRESS ON IT. Not SMG big error. Most have SMG on them, and it will not pay without the right management company.
Big box Lower lefthand corner MUST HAVE YOUR NAME AND ADDRESS ON IT. It must show you and your condo. Not for informational purposes only. Your Mortgage Company will not accept this without your name and address on it, Correctly!
Next, right below on a small line, The Board has renewed our Crime and Employee Theft on 7/16/2024. That is good for 1 year and the amount should be $800,000 not $100,000. That is the FHA guideline so we can be reinstated with the FHA Insurance for HUD back loans.
Page 2 Under Earthquake it should show the name of the Earthquake policy holder name. I have seen 3 different policy holders. Who know which one is right?
Please note, if you add up all the deductibles, and something would really happen to Autumn Lakes, like it did in the past, Remember?
YOU will need a minimum of personal coverage for your condo of $95000. They have allotted a value of $240,000 for condos under the master policy. $70,764,233 divided by 294 equals $240,0694 per condo. But then you take all the deductibles away and your responsibility is around $95,000 with new building codes requirements. Our coverage actually was lowered when D & H took over. Before we had $71,210,006 under AMC. With values appreciating and costs going up, can't understand the reductions.
Please, Please request the new policy and as you get it, please leave a comment on here. WE need to know we are covered for our mortgages, our community and our safety. Murphy's law, something could happen overnight, flood, earthquake, tornadoes, hail, trees blown down. anything. Please cover yourself. In the best interest of Autumn Lakes as always.
I am not on the other website, was Kicked off by Butch, Please remind your neighbors, they need to do this too. WE all need to know we are covered.
Have a great day Autumn Lakes.
September 6, 2024
by Jerris Collins-Ruth
Dear All,
Today's tutorial will be on FHA. The Federal Housing Administration also known as the office of Housing within the Department of Housing and Urban Development, is a United States government agency founded by President Roosevelt, Established in part by the National Housing Act of 1934. Its Primary function is to provide insurance for mortgages originated by private lender for the various types of properties. Including single family homes, multifamily rental properties, hospitals and residential care facilities., HA mortgage insurance serves to safeguard these private lenders from financial losses in the event that a; property owner defaults on their mortgage. FHA steps in to compensated lender for the outstanding principal balance. This allows a larger number of mortgages at a diminished level of risk. This allows mortgage financing with a particular focus on Individuals with a low to moderate income and embarking on a 1st time home purchase. FHA also lends its support to eh construction of affordable and market rate rental properties throughout the US and it' territories. IT's important to distinguish FHA from FHFA with is the Federal Housing Finance Authority which sponsors overseas government sponsored enterprises. Like rebuilding of countries.
So, FHA is not available in Autumn Lakes at this time. The Board and CPM did start the process on July 16,2024, after this writer pointed out to them FHA had expired. This insurance policy has to be renewed This is a great program for lower income, a bit lower credit scores and low cash on hand from the buyer. Usually Private Mortgage Insurance (PMI) is added to the payment, until the buyer had paid in 20 -22 % of the original balance. Then PMI can be dropped by the buyer writing into their lender supported by a new appraisal. With this insurance (FHA) more lenders are willing to lend to the 1st time buyer. Must have a a credit score of 580 and can borrow up to 96.5% of the value with a down payment of 3.5%. Lower credit scores require 10% down. Down payments may come from savings, gifts from a blood relative, or a grant from down payment assistance programs, (like STL Co. has).
Tutorial for today. Hoping the elected officials of AL understand this one. Next Freedy Mac and Fanny Mae.
Have a great day.
Jerris Collins-Ruth, REALTOR
Master of Real Estate
ABR, AHWD, CNE, CSP, e-pro, Green
GRI, RRES, SRES, Military Relocation Specialist.
New Homes Specialist, Corporate Relocations,
Certified by the National Trust for Historic Homes.
Keller Williams Realty of Central PA
PA License # RS199898L
PA Office 717-761-4300 PA Cell 717-979-5631
Keller Williams Realty STL MO Broker/Salesperson License # 2005009809
MO Office 314-677-6147MO Cell 314-322-5577
August 22, 2024
By Jerris Ruth
It was mentioned, we need at least 3 times the annual income in reserves. We were told, we did not know what we were talking about. Really? Not in a CD but with a Financial Advisor that can make us money off our money. NOT this piddly $98 a quarter or a month. RIDICULOUS. Our money is worth more, than a locked up low interest CD. Stop the mowing, stop the wasted water, stop the poison in the lakes, Major money right there. Renegotiate the contracts. Most have doubled. Take a look at the minimal books CPM has posted to the portal. 'How can the exact same amount come in every month. Does Everyone Really get there HOA dues in on time every month? If so, why are there late fees posted on the line below? Does anyone else wonder about that? Is it just so the numbers Match? Or is it so it is tweaked back forth to make it look like it does. THINK about it?
Snippet for tonight: Hopefully everyone has had a chance to hear the recording and/or read the reserve study. Feel it out and think about it. There are many ways to tighten the belts. It's not always the good, bad and the ugly. We need to take it in stride and work with what we have with fresh eyes and ideas. Please make written suggestions and submit them to the board as well as share it with the rest of our community. WE can do this together. It will take time, energy and effort on EVERYONE'S Part.
AS always, these snippets are to help bring factual, real ideas to light. Nothing meant to scare anyone but to point out what can or could be done. Much research has been done by several community members, just trying to find a way to help our Precious Autumn Lakes. It is precious. There is no other development like it. We can make this all work out and bring it back to the luster and beauty it once had. But we need each of you. Bring your ideas, thoughts, and willingness to help figure this out. Maybe just have an idea session. Think about it. Write it down and share it with all. Let's do this! WE have so many professional persons living here, we together can do this. Who's in with me? Let's get started for our future with a good new plan. WE'VE got this. Have a great weekend, Autumn Lakes.
August 22, 2024
By Laura Fisher
Why not start with fining the realtors who have had vendor signs on their two vehicles advertising their RE business for more than 7 years when former board officer knows the indentures read “NO VENDOR SIGNS ALLOWED”. The fine calculation will be HALF THE MONEY NEEDED — over $250k right there!! Can’t claim she/they didn’t know it was WRONG, when there is plenty of evidence letters were written to other owners threatening fines if those owners didn’t remove their vendor signs and commercial vehicles. Then she/the board write “rules” in Gazette to clarify how their magnetic signs are allowed — LIES!! Unethical. FINE THEM $275,000 or whatever it should be — put lien their condo or sell it if they don’t pay; then put the money in our reserves or use for repairs — they benefitted and now it’s time to make things RIGHT.
We can all join together and contact the District Attorney — there ARE LAWS TO PROTECT OWNERS from trustees who are not trustworthy, who mismanage community funds, whether intentionally or through stupidity of poor decision making. That’s why our board has $1 million insurance coverage for errors & omissions, wrongdoing by trustees. Wake up, people, and get involved — don’t sit back and expect others to fight for your rights. At minimum, write to the current trustees and DEMAND A 5-YEAR INDEPENDENT AUDIT — DEMAND ACCOUNTABILITY & DEMAND IMMEDIATE CHANGE from wasteful spending and negligence.
August 21, 2024
By Laura Fisher