Legal Affairs

February, 2018 Update:

BOLTON SUIT CONCLUDED, HLPOA AWARDED TAXABLE COSTS

On October 19, 2017, Judge Robert Bennett granted the HLPOA request to dismiss all claims made against the HLPOA by Marv Bolton with prejudice. These claims related to changes made to 2014 financial statements by the HLPOA Treasurer. As noted in the HLPOA’s brief to the court, “Importantly, the Brick 2014 statements improved the financial strength of HLPOA. All members of HLPOA were better served by a net increase in value.” The judgement of dismissal preserved the right of the HLPOA to pursue taxable costs against Mr. Bolton incurred by the HLPOA in the course of the litigation. Taxable costs do not include the more than $15,000 in attorney fees paid by HLPOA members. On December 21, 2017, Judge Bennett allowed taxable costs of $1,434.91 which Mr. Bolton has paid. This matter is now closed.

October 19, 2017 Update: Bolton Suit Dismissed:

COURT RULES HLPOA IN FULL COMPLIANCE WITH DISCLOSURE REQUIREMENTS

The Marvin Bolton lawsuit against HLPOA has been dismissed by order of the 34th Circuit Court. In a ruling handed down on October 19th, Judge Robert Bennett dismissed all claims against HLPOA that had been brought by former HLPOA Treasurer, Marvin Bolton. The court has also ordered Mr. Bolton to pay HLPOA the taxable costs it incurred to defend the lawsuit.

The Court specifically ruled that HLPOA had fully complied with the disclosure and inspection requirements of the Michigan Nonprofit Corporation Act when it granted Mr. Bolton the right to review and copy certain 2014 and 2015 financial records.

The dismissal remains subject to a possible appeal by Mr. Bolton. If an appeal is taken, it must be filed in the next 21 days. If an appeal is not taken it will bring to an end a long and expensive defense of claims by Bolton that HLPOA consistently viewed as being meritless.

Bill Carey

HLPOA Legal Counsel

Bolton Suit Judgement — Suit Dismissed

May 6, 2017 Update: Springstead Suit Settled:

Dear HLPOA Members,

The lawsuit filed by Pat Springstead against the HLPOA has been settled without any payment by the HLPOA. Attached are two documents related to the settlement.

HLPOA Board

HLPOA Request Letter and Attorney Report in Regard to Pending 2015CY Litigation:

As a condition of performing an audit of the HLPOA’s 2015CY financial statements by Robert F Murray & Co., CPAs, P.C., the following two documents were provided to our Auditor:

Marvin Bolton, former HLPOA Treasurer, sues the Higgins Lake Property Owners Association:

A Complaint has been filed against the Higgins Lake Property Owners Association by former HLPOA Treasurer Marvin Bolton, represented by Scott Hess. The Complaint and the Answer of the HLPOA, represented by William Carey, are posted below. As additional information becomes available, it will be posted here.

Pat Springstead, former HLPOA President, sues the Higgins Lake Property Owners Association:

The Higgins Lake Property Owners Association has been named as the Defendant in a defamation complaint filed with the County by Attorney Scott Hess on behalf of former HLPOA President, Pat Springstead. As additional information becomes available, it will be posted here.