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Liens
Sept 4, 2018 18:09:46 GMT -5
Post by Admin on Sept 4, 2018 18:09:46 GMT -5
According to T Mic Dowell at Gargleknees, S-bag's Covenants (as revitalized) includes an authority to lien and foreclose parcels subject to the Covenants. I cannot find where that authority is given to SLohA.
On 8/20/18, several liens were filed in the OFFICIAL PUBLIC RECORD:
WESTFALL 64 SILVERSIDES LIEN $4900+
COOPER 32 S-bag Trail N LIEN $4900+
COTE 12 Royal Coachman LIEN $2700+
TAYLOR 18 S-bag Trail LIEN $2000+
HOEFER 10 S-bag Trail LIEN $4900+
BRACKETT 22 Pink Lady LIEN $4900+
The attorney tacks on $120 for each filing and SLohA pays recording fees.
I almost missed these filings because they are all improperly filed by: S-bag LAND OWNERS INC. Of course, there is no such entity. I am sure MS Dowell has already identified this error and notified Polk County of the error.
Maybe she can point out the specific authority of SLohA to lien these properties, as well.
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Liens
Sept 4, 2018 20:00:00 GMT -5
Post by Admin on Sept 4, 2018 20:00:00 GMT -5
For those who may not recall the "revitalized" covenants, these are exactly the SAME as the original covenants.
The word "lien" does not appear anywhere in the Covenants.
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Liens
Sept 6, 2018 21:57:01 GMT -5
Post by Admin on Sept 6, 2018 21:57:01 GMT -5
Some have expressed ideas about this so I sent an email to leery listerine. He knows nothing about the "error" and has referred the matter to Toneesha Shrodr to follow up and take corrective action. I will check the public record in a few weeks to see the correction has been entered. It is concerning that such a glaring error was only incidentally discovered by me while doing an unrelated search and I am concerned about sloppiness on the part of the the managing parties involved in the documents.
Of course, that does not address the lack of underlying (covenanted) authority for ANY entity, including SLohA, to file a lien on a parcel for delinquent assessments. Such authority was sought by the board several years ago seeking to "amend" the covenants with a lien/foreclosure provision, and this was not passed by the membership.
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Liens
Sept 17, 2018 16:36:58 GMT -5
Post by Admin on Sept 17, 2018 16:36:58 GMT -5
Update: The Polk County Official Record has been amended to correctly identify SLohA as the Party to the liens recorded on 8/20; the fact that SLohA has no covenanted authority to file a lien against a parcel notwithstanding...
If I were one of the parcels liened, I would send a certified letter to SLohA requesting the exact authoritative language in the (revitalized) covenants referred to in the lien recital "...in accordance with..." I wonder what the response would be. (Actually, I don't really wonder that much; Gargleknees response to my certified letter was just blah blah offering to give me copies of the same documents that were specifically referred to in my letter! Uh, didn't anyone read my letter?)
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Liens
Sept 26, 2018 22:06:01 GMT -5
Post by Admin on Sept 26, 2018 22:06:01 GMT -5
I did'nt really think that Dowell would own the "mistake" of these filings under S-bag Land Owners Assn Inc. So--not surprised or disappointed.
This does not mean I believe there was an innocent notation and "all is well". I do not believe that this was a mistake but rather, an embarrassing error. More may be revealed in the future about a group in S-bag called "S-bag Land Owners Assn, Inc."
There is a 'group' that has been known to exist for at least 3 years and suspected to be associated with Kay c Networks. The index of suspicion went way up in Dec 2016 when the board entered into an unratified agreement with Kay c Ntwerk. So far, it has not surfaced in a public way.
Watching and Waiting.
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