Monday, October 22, 2012

Chapter 2:
      This arrangement worked fairly well until the early 80's. Some people just can't leave well enough alone! Bob Marshall became Chairman of PMCPOA, and got hold of a document known as a "Public Report." In simple terms, a public report is a real estate document that provides information on a particular property, or parcel (when it is first offered for sale). The public report merely reflects the status of things at the time the report is issued, and it expires after a short time. The public report for the Commercial Center property stated (paraphrase): "Two assessments are charged to each lot (one for each Association), and the Commercial Association is responsible for snow-plowing and road maintenance." This particular public report was long-expired, but the Chairman interpreted it to mean that lot owners within parcel 526 had to pay two assessments, AND that PMCPOA did not have to provide ANY services in return. When negotiations between the two boards failed to reach a workable solution, the Commercial Association sued. (There is a whole lot more to this story, mostly involving the people who participated and their various motives, but that all will come at a later date). 
     As time went on, the attorney hired by PMCPOA to defend the lawsuit, with some input from the trial judge, informed the PMC board that their position was very weak, or at best flawed. There was a very good chance that if the case went to trial that Pine Mountain Club could be liable for all the funds collected as assessments from the commercial lot owners, plus interest, court costs, and the plaintiff's legal fees. Also, PMC could also be required to maintain the roads within the commercial area, and snowplow as needed, with only one assessment (for Lot #526) in return. The PMC Board voted to accept the offer already on the table from the Commercial association: PMCPOA would receive one assessment for the one lot in Pine Mountain Club, and the Commercial Association would contract with the Club for services as required, which were to be provided at net cost. This agreement was recorded as a "Stipulated Judgment", and sanctioned by the court. 
     That's the bare bones of the story. There's a lot more to it, but in Walter Cronkite's words: "That's the way it is."

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