CRY FOR JUSTICE LEFTOVERSCarlos Benson|Wednesday, July 15, 2009
There ARE many people; they lost their lives innocently in the name of so called “justice”.
There thousands and may be hundreds of thousands, who spent, or are spending dozen or more years in jails just for a crimes they never committed.
There are hundreds of thousands hard working people who lost, or are losing their whole lives swings placed in homes, or other properties. There are millions upon millions of persons their lives were ruined, or negatively impacted by millions or even billions or different judicial judgments passed against them, or for them.
Unfortunately 40% to 60% of those judgments, despite about 320 000 laws and statutes, according to the scientific research are w r o n g , a n d o f the m a r k . Every day court rooms are full of people and wrong court decisions affect every one of us, unfortunately not in a way we wanted to be.
Some of us resigned, saying that’s the way it is, some blame corrupted in different ways court systems, some blame others and some voice their opinion by a laud cry. This cry is one of them.
The Complainant is a small developer of the eleven condominium units. After the sale of a few units, he was a Condominium manager and lived in one of the units. The other unit owners or occupiers for almost did not pay Condominium Association fees. When the developer tried to give up management and maintenance of the building, it was impossible to name three Directors at once from the unit owners to take over the management.
Unfortunately, it was a dispute with one the prospective buyers and the closing lawyer, according to other attorneys clearly committed malpractice and tried to redeem himself by filing the specific performance lawsuit against the developer. With the help of other Officers of the Court, he was successful. During the Developer’s management , and later, just one month before selling his unit, the only one Member of The Board files the frivolous law suit against the Developer.
When the lawsuit went to Arbitration and with clear indication of losing the unit owned decided to drop the suit... and the developers was left with over $20 000 bills in legal fees. During the time , the developer lived in the building he paid utility bills preventing freezing of water pipes, or denial access to the garage, maintenance expenses and association dues and some of the Association members took the Escrow Money against the will and advice of the closing lawyers..
Lately Board of Managers prevented to rent the units owned by developer despite being in possession of the keys to the units and consent of the owner. More they harassed the present tenants and failed to maintain common elements around the unit owned by the developer. Developer has to do himself in order to prevent far bigger damage to the air condition equipment. Needless to say that recently Association Management passed addendums passed in Bad Faith and with gross negligence, alleged flagrant ABUSE OF FODUCIERY DUTIES, MALEOUSIOUS ACTS, UNJUST ENRICHMENT, PREVENTING ACCESS TO THE PRIVATE PROPERTY, or without respect to the building code, or By Laws against the developer and caused direct damage to the roof resulting in water leaked to the developers unit and others, as well as favoring some unit owners who are now in the management. Maliciously, between others, they damaged the sewer pipe inside the common elements blaming the developer and unit owner for the water leak.
In 2007 the developer filed the suit against the Association for monetary ($140000) and other damages, when Association failed to maintain the building and passed the bias laws causing extreme financial burden on the developer. Bad faith, gross negligence was established by the lawyers handling the case. When the case was judicated, the Association filed the Law suit for possession with innuendos, that the developer did not pay the Association dues. In this case the agreement allegedly was reached, but they claimed that this agreement supposed to contain all the claims released from other law suit filed by the former developer against Association.
Unfortunately the alleged neglect was perceived and the deal made between the Officers of the court forgetting any traces of so called “justice”, but even against any common sense, not to mention any decency, despite the attorneys taking over $25000. This is only the cry for the justice leftovers. In this simple case at the first look, but complicated by the system, I cry for help from interested persons, officers of the court and some decency leftover. Please contact me at email:
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