Claremont WhistleBlower is the original blog, which began on 6/19/08
However, the published posts there only cover from 4/19/12 to 12/18/13.
Return of the Claremont WhistleBlower which began operation on 4/19/12 contains the original 6/19/08 to 4/19/12 posts.
And of course, there's this blog, which will recount what happened between 12/18/13 and the present.
How did this unusual come about?
It all began when we received a lawyer's letter, supposedly from Mark D Pearlstein of Levenfeld Pearlstein LLC, though IMHO it reads like something written by a precocious 14 year-old with a legal dictionary who was hopped up on a sugar rush from a package of double stuff Oreos and a 2-liter Classic Coke!
April 17, 2012
Ms. M
'60 Claremont
Re:
Claremont Condominium Association – Conduct of B
Our File Number -- 39033-90734
Dear Ms. A:
As counsel for the Claremont Condominium Association, I am advising you of the misconduct and violation of Association regulations committed by B, a resident of your Unit.
Over a period of more than a year, Mr. B has engaged in a consistent pattern of harassment of Fox Management Group, the managing agent for the Association. The misconduct consists of communications by e-mail and his blog which are false and defamatory.
The frequency of e-mails directly interferes with the ability of Fox Management to service the Association. Recently, he sent more than twelve (12) e-mails to Fox Management on one (1) day which is a blatant attempt to stop the operations of the management company and the Association.
Article XVII, Section 9 of the Declaration of Condominium Ownership and By-Laws, and the Rules and Regulations of the Association prohibit conduct by any resident which is a nuisance or an annoyance to others. Mr. B’s constant and obnoxious verbal and e-mail assaults on Association management will no longer be tolerated and constitutes a violation of Association regulations.
Effective immediately, and until further notice, management will not communicate with Mr. B and steps will be taken to block his e-mails from transmission to Fox Management.
Any and all communications concerning your Unit must be done directly by you. Mr. B is not an Owner and has no standing or legal right to communicate with management or the Board on any subject or issue.
Furthermore, we strongly suggest that Mr. B remove his blog from the Internet.
The contents of the blog I have read are not mere opinion but rather false
statements reflecting the business and personal reputations of management and the directors that fall directly within the scope of defamatory material.
The most recent series of inappropriate comments from Mr. Boerner relate to plumbing issues.
The plumbing problems do not relate to defects caused by the Board or management. The Board and its plumbing contractor are considering recommendations from your contractor Design Invention, Inc.
The Board must follow the Declaration on all expenditures.
Articles III and VIII of the Declaration distinguish between areas of the Common Elements and the Units.
The Association repairs and pays for maintenance or replacements in the Common Elements.
Certain plumbing issues affect your unit and are a required Unit Owner expense under the Declaration.
If Mr. B and you fail to comply with the foregoing directive, then based upon the provisions of Section 18.4 of the Illinois Condominium Act, and Article XVIII, Section 1 of the Declaration, the Board of Directors will take one or more of the following steps:
1. File suit against you and Mr. B to prohibit Mr. B from harassing Association
management and its Board of Directors.
Any and all legal fees arising from this litigation will be charged directly to you;
2. After further notice and an opportunity for a hearing, the Board of Directors may also asses fines against you based upon violations of the Association Declaration and By-Laws and Rules by Mr. B.
Note that all legal fees incurred by the Association to enforce the provisions of the Declaration, including this letter, will be charged against Unit.
The constant e-mails, including the repeated statement to management that, “Just think, you’ll be doing this for the rest of your life” and the erroneous allegations against Fox Management concerning the manager’s license, the requirement of owner telephone numbers and false allegations of financial misconduct, are outrageous and evidence an attempt to simply disrupt the operations of the Association.
The most recent posting also violates the Rules and contains inaccurate, reckless statements about building expenses and audits (not required by the Act).
I will remind you that unless you control Mr. B’s conduct, you will find yourself in a very
expensive legal confrontation for which no court will sympathize with Mr. B’s actions.
Very truly yours,
Mark D. Pearlstein
MDP/mlk
Cc: Mara Feldman-Fox (Via E-Mail)
You'll note the emphasis on how much any attempt to fight would cost us.
We'll delve into that aspect later.
Did Pearlstein actually write the letter?
Or was it "mlk", one of the office drones?
We may never know.
Be here tomorrow for my response letter to his letter, and what followed.
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