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I notice there haven't been any breathless postings regarding the recent Streettalk Blog : (8/18/06) :"UPDATE: Well, here is the current status, which appeared like magic in my inbox. You
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It is always interesting to watch these highly publicized lawsuits being filed. The media projects the end result seemingly always in favor of the plaintiff winning. After the media gets all of the promotion out of the filing of the lawsuit, it goes away. Then that leaves the parties to fight it out.
As the lawyers for both sides of a lawsuit know, anyone can file a lawsuit. You have to prove it with admissible evidence. You don't know what the trial will look like until it evidence is admitted or not by the judge. Depending on what evidence gets admitted will directly effect the trial result, not what people say should happen.
I don't know if the lawsuits against Fairfield or RCI or any other similar company are winnable at trial. I just wish that people would understand that when these kinds of lawsuits are filed, it will be a looonnnng time before the result will be known. Both sides will try to win.
And that's all I have to say about that.
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Of course, that Fairfield case is now at the Court of Appeals.
Fairfield has not had it so good in the lawsuits filed by the Bluebeards Castle HOA's against them. Court rulings have been going in favor of the HOA's and now a court date is set for trial on the merits. Also, the HOA's say they have uncovered another $10 million in back m/f's that Fairfield is supposed to owe them.Comment
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I believe I saw that SPM had taken over management at many of the sections of Bluebeards. If so they are heading down the road of Bluetree/Westgate. No winner there either. But the owners there have at least got a stalemate and have moved forward. Of course they are no longer a 5 Star resort and aren't likely to regain it. It is highly unlikely that FF will have to pay anything for a section of resort they don't have control over. It just gets worse and worse at Bluebeards. My prediction stands. The Association will not get what had been negoitiated with FF prior to the break of talks and FF will drag it out until the owners don't care/bail. Everything favors FF in the long term and a lower court standoff or continuation doesn't change that. If the owners want to actually get any repairs/maintnenance they had better compromise and settle. I know its the "good fight" but they will go broke long before FF has to give in even 1/2 way. Just MO of course. Its been years already and it will be many many more if they keep it in court. The resort isn't getting any better and FF sure isn't paying. Thats a win? Not in my book.Comment
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Deep pockets in litigation goes a long way in tipping the scales of justice. One better have really big deep pockets if they fight a large company like Fairfield. Unless the lawyers for Bluebeards is doing this strictly on a contingency basis, at some point the owners will have to make a business decision on how much more they want to spend. If the owners have a contingency fee arrangement, it's no skin off of their nose to continue the fight. Then it will come down to the lawyer's financial wherewithal.Originally posted by timeos2Comment
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A trial date has now been set on the Bluebeards case, so Fairfield's days of stalling will be coming to a screaching halt. One of the rulings the court has made is to allow the HOA's to go after Fairfield for treble damages. The judge would have to have seen some substantial evidence of unfair and deceptive practices by Fairfield to do that. Now when one takes the claim for $10 million in back maintenance fees and multiplies it by three, that is a nice little honey pot for a law firm to get a contingnecy fee out of, and leaves a nice sum left over for the HOA's, too. And the maintenance fee claim is only part of it!
It is Fairfield that refuses to settle or compromise. The HOA's have been trying to get mediation or arbitration for a long time and it is Fairfield that refuses to do so.Comment
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Carolinan,
I have read many of your posts on this subject here and over there. The only thing about your posts that is interesting to me is that you are quite indignant that FF won't settle before a trial. While FF may be making a mistake in not settling, you cannot force anyone to settle a lawsuit no matter how stupid that may be.
The HOA chose to file the suit, FF is entitled to its day in court if it wants one. I know you have put forth the terrible story of the management of your resort from your HOA's point of view. I am quite sure that FF has a different story to tell.
I know you have your hopes very high that your HOA will win on all accounts. If that happens, congratulations. If that doesn't completely happen, I hope you and the other HOA owners can handle your disappointment and get your resort back to where it needs to be.
Litigation is not a fun thing.Comment
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Boca,
That's true ONLY if you are getting paid.Comment
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UnFF has been filing like crazy to stay OUT of court against our HOA's. They have lost at every turn, including illegally appointing board members to different associations. Now all the HOA's are out from under FF as far as a management company is concerned. Thank heavens!!! LindaComment
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Win some, loss some
None can win everything. Otherwise, their stock will not be down, their rating will not be BBb, their resell price will not be close to nil.
Jya-NingJya-NingComment
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