Millbrook Townhomes

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      • Fun Millbrook Facts
      • 1996
      • 1997
      • 1999-2000
      • 2002
      • 2003
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Millbrook Townhomes

Millbrook Townhomes Millbrook Townhomes Millbrook Townhomes

Signed in as:

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  • Home
  • Millbroook History
    • Fun Millbrook Facts
    • 1996
    • 1997
    • 1999-2000
    • 2002
    • 2003
    • 2004
    • 2005
    • 2006
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The Lawsuit

2020, October 6, the Millbrook townhome association took legal action against me to protect several vendors' reputations from harm:

  1. Community Management Specialist
  2. Westwind Property Management
  3. Sentry Property Management
  4. Knott's Laboratories: I have spoken with Mike Lowe, the President of the company, who explained to me that Knotts' Lab and Mr. Caldwell had no idea that they had been part of the association's legal action against me making claims such as: I repeatedly emailed Knotts Laboratories claiming it did not know what it was doing. Mr. Caldwell was the engineer who helped create a "fix" for the drainage issues in front of my unit. Knotts Labs caused more structural damage to this building by recommending an improper repair. As far as I know, they did not explain to the association or the other unit owners the consequences of not properly repairing the drainage for this building. I spoke to Mike Lowe about my concerns, but he has not responded to me for quite some time now.  
  5. HPS Construction. Funny thing about these guys, they sold out to another company well before these claims were made. I know this because I wanted to hire them to finish the work they did start in my basement. 
  6. Re/Cor Inc: I spoke with James Ragsdale, the owner of this company recently and he said he did not make these allegations against me. He had no idea his company was part of this legal action. More on this to come.
  7. SDG Engineering: I would like to say he was correct about his evaluation of the drainage issue for my building. Other than that, I will only discuss SDG if pressed as I feel that SDG was put into a bad position by the people that hired him, Westwind.
  8. GR Construction: I will wait for his response. As far as I am concerned, he is upset because I would not let him replace my front door. When he shrugs his shoulders and can't provide a solution for the issue that caused the door failure, which he is inspecting, I lose faith in his ability to even replace a simple door. Sorry, but I don't let people I think are incompetent work on my property. 




Facts Common to all Claims: 11-20

These are the facts common to all claims. I will provide a simple answer without going into to much detail. EIther the statements are True, False, Partially true (This is typically where the twist things) or Unknown. I will expand on the story as I go. There is lot that happened over the last 7 years.

As you can see, the association claimed responsibility for the structural components of the building, including the supporting walls, which are load-bearing walls. The foundation is also part of the building's structure. Without it, there would be no support for the building above. 


Facts Common to all Claims: 21-37


FACTS COMMON TO ALL CLAIMS: 38-61


FACTS COMMON TO ALL CLAIMS: 62-82


FACTS COMMON TO ALL CLAIMS: 83-94


First Claim: CMS: 95-112


Second Claim: Westwind: 113-124

 

When Westwind took on Millbrook, Mr. TerHark made it clear to me that he had no idea how bad Millbrook was when he first took on the property. He told me if he had known, he wouldn't have taken on the property.

Theoretically, Westwind had an opportunity to be the heroes and advise the community of its financial pitfalls, but instead, they helped cover it up by only advising to raise our yearly due

Show More

SECOND CLAIM: WESTWIND 125-138


third Claim: Sentry Management: 139-146


Forth Claim: HPS Construction: 147-163


sixth claim: Re/cor: 191-204


Seventh Claim: Knott Labs: 205-226


eight claim: SDG 227-238


Ninth Claim: GR Construction: 239-248


Tenth claim:Harassment: 249-255


Motion to dismiss

 

I filed a motion to dismiss first. I understood when we filed this motion that it would be highly unlikely for the judge to dismiss the case, but it bought us time to write and file counterclaims.


This motion is worth reading. In my opinion, the judge should have considered the motion, but I am not a judge, so I must respect the court's decision. It's just too disheartening that my lawyer knew how it would go. What's crazy is that Mr. Chambers always knew what was up. I have nothing but respect for what he did for me. On top of it all, he taught me a lot about the judicial system that I wish I had known years before (or never knew).

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Answer to complaint, my counter claims and request for trial

 

You will note that I did not file my counterclaims until July 2021. The judicial process moves at a snail's pace, putting the HOA and management companies to shame. Homeowners are put into a terrible position because we want to settle things quickly so we can move on.

*Note: I could have made a lot more claims against the Association than I did. I figured this should have been enough considering they had nothing to support their claims against me.

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  • The Lawsuit
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