Deborah Canty and Michael Howlett filed a complaint vs. POASI in Superior Court to get access to POASI financial records which they (and all of us) have rights to by law. The full complaint, which is public at the Carroll County Courthouse, is posted below. POASI settled the lawsuit before the case could go to trial in May 2017. We encourage you to download and read the full complaint and summary to understand the extent the BOD has fought sharing information with members using members dues.
In the January 16, 2016 BOD meeting it was reported:
…. we have been notified of a complaint filed with the Carroll County Courts by Mr. and Mrs. John Sullivan. They are questioning our ability to put covenants on their deed. They have requested an injunction on shutting off their water. This will be discussed in closed session per our legal advisor. There is a summons to appear in court on January 29, 2016.
So what was this about. We called John Sullivan. He lived in Suissevale and he believed that the BOD did not have the authority to extend their power beyond the founding documents. He started a lawsuit to challenge their ability to change the Covenants but was unable to finish the process as he had to sell his home in Suissevale and return to Arizona for family health reasons. The BOD shut off his water during the dispute.
John Sullivan is a lawyer admitted to practice in New Hampshire, Massachusetts, Arizona and in the United States Supreme Court. Key Documents are below. The Viewpoint August 2015 outlines Sullivan’s legal thinking.
Shaheen & Gordon, P.A. Sent the following letter to POASI in September 2015. See Nov 2014 and March 2015 POASI BOD Meeting Minutes to see changes the Board made to the By-Laws and then their cancellation later.
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