June 29, 2007
Southampton Condominium Board
c/o CMS Services
6395 Little River Turnpike
Alexandria, VA 22312-3507
Re Legal Fees Incurred in Expunging Records (Rev. 4)
It has come to my attention that the Association may have paid for expunging the legal record in the case filed by the Commonwealth of Virginia against two Members of the Board of Directors: Linda K. Thompson, and Julie Carole Handley (Case #GC06001924-00 and #GC06001925-00). I would appreciate more information on this issue.
1 - Why did the Board choose to pay the legal fees for expunging the records since this was a matter between two individuals (acting in their private capacity), and the Commonwealth of Virginia acting on a complaint filed by another homeowner Ram Reddy?
2 - What were the total legal fees paid, and to whom, in this matter? Are further payments contemplated and/or under review?
3 - At the time the Board chose to pay the legal fees, were Members aware that:
a. The Association attorney had told Mrs. Reddy, when she attempted to resolve the matter informally, that this was a private matter — not an Association matter.
b. The county detective told me that Ms. Handley claimed that the plants she and Ms. Thompson removed belonged to her (Ms. Handley). I understand that during the trial the defendants claimed to be removing trash — something I have never witnessed either of them doing.
c. I'm told that the Reddy’s had complied with all directives from the Board — a new directive sought by certain Members had not been passed by the Board.
d. In the minutes of the April 14, 2005 meeting (Thompson, Handley, Pariente, Dogan, Seekford, Dougherty) it is noted that the association attorney had advised the Board to take a picture, write a letter, and in the case of noncompliance advise the resident before removing items from common areas.
4 - Why did the Board choose not to hear from the Reddy’s and witnesses prior to making a decision?
I look forward to a timely response.
signed
Enver Masud
1707B S. Hayes St.
PS: The "trash" that Thompson and Handley were removing on Saturday, October 1, 2005 around 8:30 PM were, according to Mrs. Reddy, 32 to 34 potted plants worth about $3000. According to witnesses, it took the two Board members 20 to 30 minutes to move the plants to the foot of Handley's steps. The plants were, according to witnesses, hauled away in a green truck driven by a man living with Handley.
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5 comments:
Linda K. Thompson, and Julie Carole Handley were found not guilty on October 19, 2006. The January 11, 2007 minutes show an Executive Session, lasting for 3 minutes, at which the Board “resolved to satisfy the request for reimbursement of legal fees.”
June 14, 2007
Joseph V. Smith
654-B S. 15th Street
Arlington, VA 22202
CMS Services, Inc
Attention: Mr. Tom Patti
6395 Little River Turnpike
Alexandria, VA 222312-3507
Dear Mr. Patti,
Paragraph VII (EXECUTIVE SESSION) of the minutes of the January 11, 2007 Southampton Board meeting states, "The Board resolved to satisfy the request for reimbursement of legal fees." Please provide the answers to me for each of the following questions:
a. What is the nature and purpose of the fees? Exactly what do they pertain to?
b. What is the amount of the legal fees?
c. Who is the recipient of the reimbursement? If more than one party or individual is involved, please identify each one and state the amount of reimbursement for each.
d. If reimbursement is for an attorney or attorney firm for legal proceedings, please identify the attorney or firm and identify the plaintiff and the party being represented. If more than one individual was represented, please identify each one and state how much reimbursement pertains to each.
Please respond to the above request in a timely manner, say within one or two weeks. If more time is needed, please advise me when or about when a response will be made and the reason that additional time is needed.
Thank you for your assistance on this matter.
Sincerely,
// signed //
Joseph V. Smith
Copy to: Each Board Member
The following eyewitness testimony regarding the October 1, 2005 incident was provided to the Reddy's and the Arlington County detective and prosecuting attorney:
Saturday, October 1 around 8:30 PM I left my home at 1707B South Hayes Street in Arlington, and was headed for Borders in the mall across the street from Southampton Condominium.
As I walked West I noticed Julie Handley carrying a tall plant toward her place, and Lynn Thompson in the area adjoining 1635A South Hayes Street. As I walked the roughly 100 yards toward 1635A I observed Lynn pick up a plant, and Julie walking back toward 1635 A.
It appeared that the two were moving plants from 1635A to Julie’s place. I was mildly curious at the time because before this day I had not seen either of them tending to plants in the area adjoining 1635A.
I thought no more about it until the next day, Sunday, when Mr. and Mrs. Reddy told me that their plants had been stolen, and asked if I had noticed anything yesterday. I told them what I observed Saturday evening, and which I have summarized above.
At the time of my observation I did not connect the plants in the area adjoining 1635A with the Reddy’s plants. They told me that they had been keeping some of their plants in the common area adjoining 1635A with the permission of the owner of 1635A.
Enver Masud
1707B S. Hayes Street
Arlington, VA 22202
We received the following email from Mr. Khanna at 1771A S. Hayes St, Arlington, VA 22202:
July 19, 2007
Southampton Condominium Board
c/o CMS Services
6395 Little River Turnpike
Alexandria, VA 22312-3507
Re: Legal Defense fees for Linda K. Thompson and Julie Carole Handley
It has come to my attention that Southampton Condominium Association has paid legal fees for defending Linda K. Thompson and Julie Carole Handley. It appears that legal fees were paid for a case brought against them by the Arlington County prosecutor pursuant to a complaint filed by Mr. and Mrs. Reddy. The board does not have the authority to pay for legal fees for defending criminal conduct that would be outside the scope of their responsibilities provided for in the by laws.
Which board member voted for the payment of these legal fees? Does the association have an insurance company that paid the legal fees? It may be important for the board to know that approval of this payment of legal fees may amount to an illegal use of association funds and may be criminal in nature, regardless of who paid for the fees, association or the insurance company.
Please provide the answers to the above questions and based on the answers I intend on taking further action.
Sincerely,
Karunesh Khanna
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